Discussion:
What is the name of your state?What is the name of your state? MA
Hello, I was working on a project and recently the programmer who was working on the project quit. The project was an online program that users connect to, to play a game. It was running for about 2 years before they decided to quit. My question is, can we continue running the software even though the person quit and did not have a contract with us? We recently became a company as well, but this was well after they started working with us (but before they quit). He gave us the source code before he quit, long before (2-3+ months) and other programmers have been working on it as well.
I was under the impression that we could continue running the game since it is a collection of both art AND programming (joint work?) but I want to be certain. I know that we cannot create a new program using their code, but I was just wondering if the current program can continue running without worrying about it being shut down.
Also, the programmer locked us out of our own server that we paid for for 6 hours and stole all our customer records (10000+ of them) and wouldn't give them back for that 6 hr period. Are we able to file criminal charges agains them? If so how long do we have to do so before we cannot file charges?
One last thing, I know this is a lot in one post but, can we and should we file the source code with the copyright office? Would we be in the legal right to do so?
Answer:
My question is, can we continue running the software even though the person quit and did not have a contract with us? Probably. You may or may not actually own the copyright to the work (that would depend on a lot more facts than given here), but, if it ever came to the point, the courts would almost certainly find an "implied license" to use the software.
I was under the impression that we could continue running the game since it is a collection of both art AND programming (joint work?) but I want to be certain. As noted above, you almost certainly have an implied license to use the work. Additionally, if the work was really a joing work or collaborative work, you may also be an owner of the copyright (probably a co-owner, depending on all of the facts) -- if you are a co-owner, then of course you can use the program.
I know that we cannot create a new program using their code, but I was just wondering if the current program can continue running without worrying about it being shut down. If you have the implied license (and you almost certainly do), then you are okay. If you are an owner of the copyright, then you are certainly okay. Further, if you are an owner of the copyright, then you DO have the right to create a "derivative work."
Also, the programmer locked us out of our own server that we paid for for 6 hours and stole all our customer records (10000+ of them) and wouldn't give them back for that 6 hr period. Are we able to file criminal charges agains them? If so how long do we have to do so before we cannot file charges? Your local police would be the best source of info here -- but chances are, if you've gotten everything back, the police probably won't show a lot of interest. But it never hurts to try.
You could potentially sue the guy for theft of trade secrets, but unless you've suffered some damages, it's probably not worth the efforrt.
One last thing, I know this is a lot in one post but, can we and should we file the source code with the copyright office? Would we be in the legal right to do so? You can register the copyright if you are the owner of the copyright, or at least a co-owner of the copyright. You will have to list all of the creators and owners -- if you leave anyone out, that could be trouble later on when you went to enforce the copyright. You may want to sit down with a local attorney, who can review all of the relevant facts of your situation and sort out who created what and who owns what, and figure out the status of the copyright currently, so you can feel comfortable going forward.
Answer:
Thank you for your response.
There were a few things they did not return, claiming they were "lost" including 2 months worth of logs from users in the game. We are not really that interested in sueing the person, they just keep e-mailing us demanding we delete their work. I will see about contacting a local attorney if necessary to hammer out the details of the copyright issue as you suggested.
Much of the source code was created specifically for the game so I would think we would have atleast partial ownership of it ?
One last question, Are e-mails admissable in court? We have an e-mail from them admitting that the original verbal contract was that if someone left the project, the remaining people working on it would own the entire project including the engine software. I know verbal contracts don't usually hold up in court, I was wondering if e-mails did (provided you could prove they weren't forged).
Answer:
Thank you for your response.
There were a few things they did not return, claiming they were "lost" including 2 months worth of logs from users in the game. We are not really that interested in sueing the person, they just keep e-mailing us demanding we delete their work. I will see about contacting a local attorney if necessary to hammer out the details of the copyright issue as you suggested.
Much of the source code was created specifically for the game so I would think we would have atleast partial ownership of it ?
One last question, Are e-mails admissable in court? We have an e-mail from them admitting that the original verbal contract was that if someone left the project, the remaining people working on it would own the entire project including the engine software. I know verbal contracts don't usually hold up in court, I was wondering if e-mails did (provided you could prove they weren't forged). Definitely it is a good idea to talk with an attorney to clear up the ownership and/or license issues, so that you can go forward without having to worry about things.
As far as the emails are concerned, they are like any other piece of evidence -- if they can be authenticated, then they may be admissible.