Re: Former employee use and modification

Dan L. Burk <burkdanl[_at_]shu.edu> wrote:
>
> 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.

Also look at Triad Systems case. Copyright infringement found there, as well.

John Allison
John R. Allison
University of Texas at Austin
allisonj[_at_]mail.utexas.edu Received on Thu Jul 03 1997 - 19:37:44 GMT