Legal Question in Technology Law in California

Re: technical documentation source files

If they have only requested the source code, rather than demanding it, then it sounds as if they are not entitled to it under the contract. However, one cannot be sure without looking at the contract. In fact, the best way to be sure to preserve your rights is to have an attorney look at your contract and negotiate on your behalf with the other party to the contract.

If they terminated the contract without warning, it could be because their business is in trouble, so settling for pennies on the dollar might make more sense than a large judgment against the bankrupty estate. Or maybe they have found somone else to provide their technical services and you have rights that need to be evaluated by an impartial trier of fact.

In either case, you are best served by hiring an attorney to look at the specific facts of your case and represent your interests.

That said, I see no reason why you should turn over any source code until an attorney representing you (or a court of competent jurisdiction) tells you that you should.

Re: technical documentation source files

Whether there is a breach of a verbal contract may depend on the wording of the original contract so it is hard to say. As far as the source code, the owner of that also depends on what the contract says. If the contract is silent on the matter then I would take the position that you own it.

Re: technical documentation source files

I concur with the other posted responses. You need to consult an attorney to "flesh" out the facts of each of your issues. The rights and obligations of each contract you mention require such an analysis. In most cases you can get a free consultation to get an initial determination of your rights and/or whether litigation is an avenue to explore.