need advice on a potential software copyright violation lawsuit

[freehorse]

What is the name of your state? MA

Please advice what should be done:

Person xxx worked for company A and then company B, with the push and approval of xxx's immediate manager, xxx toke a large portion of code from A to B. The portion of the code is virtually unchanged from A to B. That portion of code is the foundation of the software system that company B is selling now. Now company B has revenues based on that system in the amount of millions.

What if xxx informs company A about the stolen code that company B allowed? Can company A sue for company B for copyright violation? What will happen to xxx and his manager (neither of them work for company B now)? Company B has other similiar copyright violations.

Both company A & B are public companiea and B is very large company. They are in different business, however.

Thanks for advice.

 

[Veronica01]

If A has a registered copyright for their product, then B is liable under copyright law. If A does not have a registered copyright, then all it can do is to compel B to stop using the software, which in effect cripples the sales of B’s product, based on your description.

As to xxx and his manager, they will have to hire their attorneys, whether or not B owes anything to A. They are very much in big trouble.

For how long this has been going on?

 

[ol212]

question

What if they register the copyright rights after the software was used and try to suit them?
I have the similar situation, someone stolen my sites with the whole design and logo.
What if I will register my rights now. And try to shot down the stolen sites through the provider?
Ol

 

[freehorse]

Why would xxx in big trouble? Isn't the manager and the company should make sure that it doesn't violate any copyright laws? As far as I know, xxx tried to get rid of the stolen code and rewrite everything from scratch, his manager persuaded him to not do that and keep quiet.

 

[Veronica01]

Why would xxx in big trouble? Isn't the manager and the company should make sure that it doesn't violate any copyright laws? As far as I know, xxx tried to get rid of the stolen code and rewrite everything from scratch, his manager persuaded him to not do that and keep quiet.

The counsel for xxx might argue the innocence of his client based on your opinion, or on another basis he might find more helpful to his client depending on the details of the case. We don’t have all the fact here. According to your statement, xxx did it and he kept quite. How much that will help, consult with a local attorney to find out.

 

[Veronica01]

Re: question

What if they register the copyright rights after the software was used and try to suit them?
I have the similar situation, someone stolen my sites with the whole design and logo.
What if I will register my rights now. And try to shot down the stolen sites through the provider?
Ol

If they have stolen your creative work before you registered the copyright in your name, and they copyrighted the work as if they were the creators of the work, then you are doomed. They can prevent you from using the product.

However, the world is not that simple. If you can provide firm evidence that you are the creator of the work, then you will be able to register the copyright in your name after you get a judgment in your favor from the court.

My understanding to your case is that if you prevail in getting a judgment in your favor and you register the copyright in your name, you will not be able to recover royalty from the sales on the use of the product by the others. You will be able to prevent them from using your product. You probably would have another case based on the act of illegally registering a copyright of a product they know that it wasn't their creation. Consult with a local attorney.

 

[freehorse]

Do you have any recommendation for a good copyright lawyer in Boston area?

xxx is ready to report this case, but he is afraid he will get himself into trouble. Can both company A & B sue him? In that case, it might be better for him to keep quiet forever.

 

[Veronica01]

Consult with USC title 17, annotated, to learn about the copyright law.