Perhaps suing your partners is a Rich Person(tm) idea of good Corporate
Stewardship(tm). It certainly is a far cry from supporting, promoting,
and improving the product line, you know, the normal way a company Earns
Money(tm).
 
 
Andrew.
 

________________________________

From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Nick
Hayer
Sent: Tuesday, September 09, 2008 7:16 AM
To: declude.junkmail@declude.com
Subject: [Declude.JunkMail] Re:Declude vs Perry


Hi David -

Below was forwarded to me - as a long time Decluder I am very
disappointed in seeing something like this - 

-Nick





        http://dozierinternetlawpc.cybertriallawyer.com/computer-lawyer

         

        DECLUDE, INC. AND DNSSTUFF, LLC. v. R. SCOTT PERRY DISTRICT OF
MASSACHUSETTS (BOSTON) 1:08-cv-11072 

        FILED: 06/25/08

        The ownership of source code and the ownership of the code in
general used to build a website is often an overlooked issue. Make sure
that you have spelled out not only the ownership of the code but also
the requirements relating to what code can be retrieved from the public
domain. If you are using a web developer who retains ownership of source
code then you risk having that developer use the code with future
competitors at much lower costs and with the benefit of your
intellectual capital in developing the architecture, engineering, and
business processes. 

        Declude purchased the Defendant's anti-virus, anti-spam and
anti-hijacking software in September, 2000, and sold the products as
"Declude Virus", "Declude Junkmail", and "Declude Hijack". The
Defendant, R. Scott Perry, allegedly used the same source code in
developing an additional product, and when the Plaintiff went to venture
capitalists to raise capital, the detailed due diligence revealed that
Defendant had retained a copy of the source code contrary to the
provisions of the purchase agreement in 2000, and had again sold some of
the same code to the Plaintiff in the new product he had launched.

        The Plaintiff has sued the individual Defendant for copyright
infringement, breach of contract, fraud, conversion, unjust enrichment,
and unfair and deceptive acts and practices. Dozier Internet Law
Cross-Reference Number 1190.

         


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