Legal Question in Technology Law in California
Business Interference
I was wondering whether it was possible to be sued for interference of business if I remove software that I either created or found (as freeware) which was being used to help run the business. The software was placed on computers to help the business but there was no contract signed stating that I was working for them or my work or research belonged to the business. After about 3-5 months of helping, I stated I was no longer interested in being associated with the business and at that time verbally stated to the owner that I would be removing the software I brought to the business, and he said ok. Does he have legal grounds for a lawsuit and if yes, what can I do to prepare?
3 Answers from Attorneys
Re: Business Interference
I think there is a difference between removing freeware and removing software you wrote. If you wrote the software, and it was not because he paid you to create it, then you own the copyright. Unless you licensed it to him (and he may have an argument for implied license), then he cannot require that you keep it on his system. If you think he is serious about suing you, you might register the copyright with the U.S. Copyright office. It is easy and cheap, and it could result in recovery of attorneys' fees if someone copies your program after you have registered it. See http://www.loc.gov/copyright/ for more info
Re: Business Interference
he would have grounds had he not said OK
Re: Business Interference
He might have grounds, even if he did say OK. If you have not disclosed to him the benefit to operating his business, and he suffers losses from it, he could come after you.
You may want to require that he gets licensed for it, but I wouldn't remove it. Obviously he paid you to do a job, which probably included helping to make the business more efficient. If you did that with the use of software, he is entitled to that knowledge.
Remember, anyone can sue anyone, even if they did say OK. Is it worth the expense to defend a law suit?