Re: Former employee use and modification

From: Dan L. Burk <BURKDANL[_at_]shu.edu>
Date: Wed, 02 Jul 1997 19:06:35 -0400

On 7/1/97, Val Dietrich <dietrich[_at_]earthlink.net> wrote:
>
> Company is owner of a software program. It uses copyright and trade
> secret protection for the software. Software is licensed to a few
> customers a year and is customized for each customer. A former
> employee starts up a business of servicing Company's customers.
> Services include seting up the software for various modes of
> operation, modifying the source code of the data, and running the
> software to test set-up and modifications. Company's agreements
> with its customers extend rights to use and modify source - only
> to customer's employees (in rare instances, customer agreements
> provide contractors can work on the software if the contractor
> enters a seperate agreement with Company to do so). Former employee
> has not entered any agreement wich Company permitting such use or
> modification. Former employee actions include taking Company source
> code installed at Customer A and installing it at Customer B. What
> causes of action are supported by these facts? What additional facts
> should be looked for to support what other causes of action?

Take a look at MAI v. Peak (and be sure to Shepardize it) for successful copyright claims in facts that look a good deal like yours (indeed, yours look rather less innocuous). But see also NFLC v. Devcom for a contrary holding under facts very similar to MAI.

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Dan L. Burk
Seton Hall University
burkdanl[_at_]shu.edu

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Received on Wed Jul 02 1997 - 23:02:32 GMT