unpaid software source code copyright issue

[silverkk]

Hi,

I have a service contract with a US startup company. They send me their source code and I do performance optimization for them.
I finished the job but they refused to pay me as discussed ( We used email to discuss how to pay but contract doesn't mention this part ).
I gave them a dead line and now time has passed.

So my question is: Do I have the right to publish the whole source code ?

Any comments are welcome.
Thanks.

 

[Mass_Shyster]

So my question is: Do I have the right to publish the whole source code ?

Unless your contract grants you that right, I would say NO.

 

[quincy]

Hi,

I have a service contract with a US startup company. They send me their source code and I do performance optimization for them.
I finished the job but they refused to pay me as discussed ( We used email to discuss how to pay but contract doesn't mention this part ).
I gave them a dead line and now time has passed.

So my question is: Do I have the right to publish the whole source code ?

Any comments are welcome.
Thanks.

Where are you located, silverkk?

I agree with Stevef. If the source code is copyright-protected, publishing it without authorization infringes on the rights of the copyright holder.

There are LEGAL ways to collect what is owed you. If you are not in the US, though, pursuing payment can get costly.

 

[silverkk]

Where are you located, silverkk?

I agree with Stevef. If the source code is copyright-protected, publishing it without authorization infringes on the rights of the copyright holder.

There are LEGAL ways to collect what is owed you. If you are not in the US, though, pursuing payment can get costly.

Thanks for your suggestion.

Unfortunately, I am in China, and I don't believe the money deserves the effort to sue in US.
I preferred to forget the money and just publish the source code.

Now it seems my best choice would be a lawsuit in China.

 

[quincy]

Thanks for your suggestion.

Unfortunately, I am in China, and I don't believe the money deserves the effort to sue in US.
I preferred to forget the money and just publish the source code.

Now it seems my best choice would be a lawsuit in China.

You could sue in China but you cannot compel the US business to appear in China to answer the suit and the laws in China do not apply to the US company. The business is governed by US laws.

Instead of suing in China, in other words, you are pretty much forced to file suit in the US state where the business is located.

Whatever you decide to do about suing, I strongly recommend you treat the source code wisely. Publishing rights-protected material without authorization from the rights holder is bound to affect your chances of working with US companies again. The payment dispute should be handled legally.

 

[silverkk]

You could sue in China but you cannot compel the US business to appear in China to answer the suit and the laws in China do not apply to the US company. The business is governed by US laws.

Instead of suing in China, in other words, you are pretty much forced to file suit in the US state where the business is located.

Whatever you decide to do about suing, I strongly recommend you treat the source code wisely. Publishing rights-protected material without authorization from the rights holder is bound to affect your chances of working with US companies again. The payment dispute should be handled legally.

You are right. I won't publish the code.

The contract is between the company in US and me. But they really have a branch in China. I may have trouble in prove the one in US and the one in China are really the same one.

 

[quincy]

You are right. I won't publish the code.

The contract is between the company in US and me. But they really have a branch in China. I may have trouble in prove the one in US and the one in China are really the same one.

Interesting. It is unusual for a US startup company to have a branch in China.

I suggest you speak with an attorney in China to discuss your situation. You might be able to pursue payment in China.

Good luck.

 

[silverkk]

Interesting. It is unusual for a US startup company to have a branch in China.

I suggest you speak with an attorney in China to discuss your situation. You might be able to pursue payment in China.

Good luck.

My lawyer told me that this contract says "This Agreement shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the State of Illinois in any legal suit, action or proceeding arising out of or based upon this Agreement or the Services provided hereunder."
Do I have any choice other than sue in Illinois ?

 

[quincy]

My lawyer told me that this contract says "This Agreement shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the State of Illinois in any legal suit, action or proceeding arising out of or based upon this Agreement or the Services provided hereunder."
Do I have any choice other than sue in Illinois ?

I recommend you follow the advice of your lawyer. It appears you will need to sue in the U.S.

 

[silverkk]

I recommend you follow the advice of your lawyer. It appears you will need to sue in the U.S.

Sorry to bother you again.
What should I do to sue in US? Is it possible to find a free attorney ?

 

[quincy]

Sorry to bother you again.
What should I do to sue in US? Is it possible to find a free attorney ?

It is possible to find attorneys in the US who will work at no-or-low cost - but I am not convinced you will be able to find an attorney to assist you for free in pursuing payment from the US company if you are in China.

You have spoken to an attorney already, correct? I recommend you ask this attorney for advice and direction. This attorney could draft for you a demand letter, threatening a lawsuit if you are not paid what you are owed. Perhaps the letter about suing, coming from an attorney, will worry the company enough that they will pay you what is owed.

By the way, the contract terms you quoted mention both Texas and Illinois. I assume that is an error on your part.

Good luck.

 

[silverkk]

It is possible to find attorneys in the US who will work at no-or-low cost - but I am not convinced you will be able to find an attorney to assist you for free in pursuing payment from the US company if you are in China.

You have spoken to an attorney already, correct? I recommend you ask this attorney for advice and direction. This attorney could draft for you a demand letter, threatening a lawsuit if you are not paid what you are owed. Perhaps the letter about suing, coming from an attorney, will worry the company enough that they will pay you what is owed.

By the way, the contract terms you quoted mention both Texas and Illinois. I assume that is an error on your part.

Good luck.

I'm afraid my Chinese lawyer is not able to threat a US company.
The term is exactly what it looks. I copied it from the PDF they sent me.

And what I mean for "free" is that if the suit fails, the lawyer get nothing. But if succeeds, I would like to pay him with all my compensation ( about $120 * 8 ).
Is it a acceptable term ? Forgive me if it is stupid.

It seems to me that they didn't plan to pay at first.

 

[Zigner]

( about $120 * 8 ).

$120 * 8 is $960. There is no way it makes any sense to sue in the US (as your contract requires) over this matter.

 

[quincy]

I'm afraid my Chinese lawyer is not able to threat a US company.
The term is exactly what it looks. I copied it from the PDF they sent me.

And what I mean for "free" is that if the suit fails, the lawyer get nothing. But if succeeds, I would like to pay him with all my compensation ( about $120 * 8 ).
Is it a acceptable term ? Forgive me if it is stupid.

It seems to me that they didn't plan to pay at first.

Your Chinese attorney can write a demand letter. Your Chinese attorney can write that a lawsuit is being considered and may be pursued if you are not paid what you are owed. The letter alone might encourage the company to pay you what you are owed.

I agree with Zigner, however, that a lawsuit in the US does not make financial sense for you. Sorry.

 

[silverkk]

A friend gave me a wonderful idea.
I wrote an email to that company to declare rights of my code and forbid them to use it.
Also I told them I will declare my rights to all potential customers in US.

I believe this is the best option I can have.

Thanks, quincy, Zigner and Stevef.
Your advice really help