Legal Question in Technology Law in Australia

stolen code

Hi.

I recently obtained some source code for an online web-based game. My partner and i have modified the game, changed the look, changed some of the code. However most of the game still works the same. I am planning to launch this game in the next few months.

Recently, the writer of the code contacted me, stating that if i do not take down the game, that he will contact his lawyers.

I am in Australia. He is in the United States. I've heard of multi-national lawsuits before-

1) Which laws am i under the jurisdiction of?

2) Does it matter in which country the game is hosted?

3) Can he sue me, even though im in Australia?

thanks


Asked on 10/28/04, 12:36 am

1 Answer from Attorneys
Jeremy Malcolm iLaw

Re: stolen code

Because the game is hosted on the Internet and is available to both Australians and Americans, you could be sued under the law of either country. Since you are not resident in the USA, if you were sued in that country the plaintiff would have to apply to an Australian court to have the US judgment registered here. This is quite a drawn-out and expensive process, so it is more likely that the plaintiff would retain Australian lawyers and sue you here. Hosting the game off-shore is not sufficient to save you from liability, if you remain in Australia and the plaintiff can prove that you were responsible for copying its code.

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Answered on 10/28/04, 2:39 am


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