Legal Question in Business Law in California

Copywright infringement?

I own a business that posts home-work jobs. I researched jobs via the internet and other sources (including employers submitting jobs to me). I joined a service that listed home-work jobs and some of their jobs to post to my site (this firm finds their jobs in the same way that I do). They are now threatening me with copywright infringement and demand that I a)give them a complete list of ALL of my customers and b)shut down my website and my business. I have a great deal of jobs on my site that have been received from other sources that I worked hard to compile. My feeling is that they want to run me out of business. What are my rights in this matter?


Asked on 10/30/98, 9:08 pm

2 Answers from Attorneys
Timothy J. Walton Internet Attorney

Re: Copywright infringement?

I am unclear about whether you used their listings on your site without their permission. If that is the case, then they have a claim against you for copyright. Whether they can extend that claim into the demolition of your business, however...

I would like to talk with you about the specific facts in your case. You can call me at (650) 938-3536 during normal business hours to discuss these issues with you further.

Timothy J. Walton

Internet Attorney

1896 San Ramon Avenue


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Answered on 1/05/99, 11:38 am
Edward Hoffman Law Offices of Edward A. Hoffman

Copyright infringement on the web

You say that you joined this other company's service, but it isn't clear what thois means. If you simply signed up to access their job listings (as if you were looking for a job yourself), then you have no righ to reproduce their listings and you are in violation of their copyright.

The other company has the right to insist that you stop using their materials, and has a good case against you for the damages you had already caused while using their listings. They may want a complete list of your customers in order to assess these damages before making a demand.

I wouldn't recommend that you give them this information, at least not before you talk to a lawyer. Your customer list will surely contain valuable trade secret information, including the identities of customers who you obtained on your own. Turning over all of this information will bepotentially harmful to your business and will enable them to gain from your work.

I certainly wouldn't shut down your business, either. Even if the other company has a case against you, they can't insist that you cease operations.

If this other company is serious about pursuing you, then you need a lawyer immediately.

The fact that two months have passed since you posted your message (the LawGuru people have been trying to catch up with a backlog of messages for some time now) suggests that there have been new developments since you wrote. Perhaps you already have a lawyer.

Please feel free to contact me at 310-575-3540 or by email at [email protected] if you want to discuss this case further.

Edward Hoffman

Law Offices of Edward A. Hoffman

11620 Wilshire Boulevard, #340


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Answered on 1/05/99, 2:02 pm


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