My website code and files have been completely stolen and replicated on another site

[Dave2770]

What is the name of your state (only U.S. law)? CA

So basically I run an online company now with a fairly large income on it and was running it with my partner.

He decided to steal all my website code and use it for himself and also use my trade secrets to open his own website (using my code) and is now affecting my business.

I would like to know if I can file a lawsuit on the basis of him having my codes running his site and doing financial damage.

He didn't just create his own site, he used 100% of my code with minor alterations.

Only thing I haven't done yet is copyright my files but I am going to do so soon.

Can I file a lawsuit?

 

[Zigner]

What is the name of your state (only U.S. law)? CA

So basically I run an online company now with a fairly large income on it and was running it with my partner.

He decided to steal all my website code and use it for himself and also use my trade secrets to open his own website (using my code) and is now affecting my business.

I would like to know if I can file a lawsuit on the basis of him having my codes running his site and doing financial damage.

He didn't just create his own site, he used 100% of my code with minor alterations.

Only thing I haven't done yet is copyright my files but I am going to do so soon.

Can I file a lawsuit?

If you have a company with a partner, how is this any more or less your property than it is his?
You may wish to contact a local attorney, because, without a personal review of all the facts, your conclusion that it was your code can't be supported.

 

[Dave2770]

It is my code. He was a "partner" but never on paper.

 

[Zigner]

Even more of a reason to speak to an attorney.

 

[quincy]

What is the name of your state (only U.S. law)? CA

So basically I run an online company now with a fairly large income on it and was running it with my partner.

He decided to steal all my website code and use it for himself and also use my trade secrets to open his own website (using my code) and is now affecting my business.

I would like to know if I can file a lawsuit on the basis of him having my codes running his site and doing financial damage.

He didn't just create his own site, he used 100% of my code with minor alterations.

Only thing I haven't done yet is copyright my files but I am going to do so soon.

Can I file a lawsuit?

I agree with Zigner that I do not see how you can recover any rights you might have to the code without the assistance of an IP attorney. The attorney will have to personally review the facts.

It does not appear you took the necessary precautions before partnering and this can affect what you can and cannot do now.

 

[Dave2770]

I've spoken to a few attorneys but they never have dealt with a case dealing code, usually only photos or music, etc.

Still finding one but in the meanwhile, seeking some clarity.

We "were" partners but not really. Second, I have issued DMCA takedowns twice already and they took the site down because the website files were the same.

Also, he won't fight the case(I just know this person he won't do it), he will either lose or end up agreeing to mediation.

Normally I handle my business the old fashioned way but we're dealing with big money so legal actions are the only way I have.

Website codes most certainly can be copyrighted so I know I have a shot but haven't found a lawyer yet. Only called 3 so far.

 

[quincy]

I've spoken to a few attorneys but they never have dealt with a case dealing code, usually only photos or music, etc.

Still finding one but in the meanwhile, seeking some clarity.

We "were" partners but not really. Second, I have issued DMCA takedowns twice already and they took the site down because the website files were the same.

Also, he won't fight the case(I just know this person he won't do it), he will either lose or end up agreeing to mediation.

Normally I handle my business the old fashioned way but we're dealing with big money so legal actions are the only way I have.

Website codes most certainly can be copyrighted so I know I have a shot but haven't found a lawyer yet. Only called 3 so far.

If you were partners and created the original website and the software code together (regardless of the amount of input each of you had), and there was no written agreement to the contrary, the US Copyright Office would consider you joint authors or joint owners of what was created.

Joint authors each own equally the works that are created and they can each do with these works what they want, as long as they share equally in any revenue generated by the works. This again would be absent any written agreement that states otherwise.

You have a few issues here that need to be personally reviewed by an IP attorney in your area. You mentioned "trade secrets," for one thing, and, because of the nature of trade secrets, you cannot discuss these on a public forum. A trade secret is a trade secret only as long as those who know the secret work to keep it that way.

And you mention registering your code with the Copyright Office. This can be tricky. Many will want to only register the object code and not the source code because registering source code can give away any trade secrets that are in the software - but when registering only the object code, the US Copyright Office registers it under "the rule of doubt," which means that it may or may not qualify for copyright protection (whereas registering the source code would).

If you are speaking to IP attorneys who know nothing about copyrights in software or websites, you are not speaking to the right attorneys.

 

[Dave2770]

He had 0 part in the development or code

 

[quincy]

He had 0 part in the development or code

Okay. But your partner knew the code or had access to an authorized copy of it so he could successfully reverse engineer it (which is legal to do). Your code was not kept secret.

Programmers will generally keep their source codes confidential so others cannot produce the same result with a different program. It appears you did not protect your code adequately.

I think, from what you have said, that the best you might hope for is showing joint ownership due to your partnership ... this if you are able to demonstrate a partnership that apparently was never formalized in writing.

You have, in other words, several challenges to meet if you intend to show copyright ownership, and I am not sure you will be able to successfully meet these challenges. I don't see you doing this without an IP attorney to personally review the facts and advise you accordingly.

Good luck, Dave2770.

 

[Dave2770]

He didn't reverse engineer it he's just using my code. Like if a Facebook employee made a social network site with fb code

 

[quincy]

He didn't reverse engineer it he's just using my code. Like if a Facebook employee made a social network site with fb code

The advice remains the same, Dave2770. You will need to have your situation personally reviewed by an IP attorney in your area.

You have the challenge of proving the code was yours instead of a joint work entitling your partner to equal rights in it. I see this as a big challenge, based on what you have said.

Good luck.