Legal Question in Civil Litigation in California
In 2001, we contracted with a technology company to create our entire business with a web site, data base, merchant account and marketing services. That company "went south" this year leaving our entire company defunct on their server. Is there any way we can get that functioning web site with related services from that company and get it to another server so we can be back in business?
We still have a functioning and operating company with no internet hosted services?
1 Answer from Attorneys
Probably. The technology issues are probably as big as the legal ones. Your legal issues will turn in part on your contracts with the defunct company and ownership of the raw data on the servers. Assuming you own it, legally you can get it, if it is physically possible to find the servers and technologically possible to retrieve the data. If you have back-ups, that would expedite things of course. If ownership of the raw data and IP is not in question, getting the right to harvest the site and recreate it will be relatively easy from a legal standpoint, though if the host company is bankrupt that will slow the process a little, but not stop it.
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