Discussion:
What is the name of your state? California
Hello,
I purchased a php script from a person in Tokyo. This same person sold the script to someone else within the same week. The company that they sold it to is now claiming that the script is theirs and only they are able to re-sale it and that they will be suing us for selling it.
I'm not able to find/contact the person who sold it to both of us. Who owns the copyright? Can the other company sue us? What information is needed to FILE against us?
Thanks in advance!
Answer:
What is the name of your state? California
Hello,
I purchased a php script from a person in Tokyo. This same person sold the script to someone else within the same week. The company that they sold it to is now claiming that the script is theirs and only they are able to re-sale it and that they will be suing us for selling it.
I'm not able to find/contact the person who sold it to both of us. Who owns the copyright? Can the other company sue us? What information is needed to FILE against us?
Thanks in advance! Neither of you owns the copyright to it without sufficient proof of assignment.
Answer:
Neither of you owns the copyright to it without sufficient proof of assignment.
So in order for them to sue me, they'd have to show "proof of assignment"? How? I have a paypal receipt of the purchase....but that's it....is there a way we can get a copyright for it before they do?
Answer:
So in order for them to sue me, they'd have to show "proof of assignment"? How? I have a paypal receipt of the purchase....but that's it....is there a way we can get a copyright for it before they do? If you can find the original creator, and purchase the rights to the work, then that's what you'll need to get the copyright on the work -- of course, if they've already sold the copyright to the other guys, then there really isn't anything you can do.
Answer:
If you can find the original creator, and purchase the rights to the work, then that's what you'll need to get the copyright on the work -- of course, if they've already sold the copyright to the other guys, then there really isn't anything you can do.
I guess the issue comes in, in that
1. I cant find the guy it was purchased from. We do a lot of outsourcing.
2. They're claiming the guy i purchased it from had no right to sell it.
3. They're refusing to show us any supporting documentation.
Answer:
I guess the issue comes in, in that
1. I cant find the guy it was purchased from. We do a lot of outsourcing.
2. They're claiming the guy i purchased it from had no right to sell it.
3. They're refusing to show us any supporting documentation. Well, if you can't find the guy, then there really isn't any way that you can acquire the copyright.
As far as the other company is concerned, you have a couple of choices -- stop selling the software, or keep selling the software. If you do that latter, then you will continue to get harrassed and potentially sued. If you do get sued, then your lawyer can require them to hand over documents showing that they own the copyright to the work, if they have such paperwork. At that point, you can decide whether you want to fight, or settle in some way.
Other than that, there's not much you can do. Is the other company in the U.S.? If not, it's less likely that they will sue.