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Contract?

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M

mike_spence

Guest
Hi, I run a site and a certain program.

Just today, I got an e-mail from another program owner that said "he was going to get his lawyer and contact me" because he said I violated my agreement with him and said said that I COPIED HIS PROGRAM.

1.) My program started in May-June of 1999 and his program started in late 1999.

2.) He claims that in his "Terms of Service", he said that any new member could not copy his program. (I already had a my program and was a minor -- 17 -- when entered into that agreement online.

3.) His "Terms of Service" actually say nothing about creating any other program or having one of your own alreay to be a member.

4.) I quit his program while I was still a minor.

Is it possible for him to do anything to me?!

I couldn't believe so for one second! Not only was my program around first, his "TOS" said nothing about already having a program of your own, and I was a minor when I agreed to his "TOS" online.

I just wanted to hear what others had to say about this.

I thank you for your help.

Thanks Again.
 


E

eadelman

Guest
As long as you can prove your program was first, you have a right to it and he can not sue you for copyright infringement or for breaching the contract by copying his program.
 
J

Jack Mevorach, Esq.

Guest
I'm not so sure that the "start dates" of the programs is dispositive on the issue of copying.
 

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