Legal Question in Business Law in New York

Re: web site development

You could write him a demand letter (preferably from a lawyer) and if that did not work, you would have to start a lawsuit to enjoin him from using it and you would also seek monetary damages. If he is using it on behalf of someone else, you could also make the same demands against the third party. Hope this helps.

Re: web site development

Having litigated a "source code" issue previously, the road can be quite mucky. While it is certainly true that, assuming you own the rights to the source code, you could institute suit to obtain an injunction (assuming he won't voluntarily refrain from its use) and monetary damages, if any.

A couple of questions arise, however: First, who owns the rights to the code? An answer to this mixed question of fact and law requires a thorough examination of the facts, for under the "work for hire" doctrine, it would presumably be yours; on the other hand, the nature of your contractual relationship would need to be examined to see whether ownership truly lies with you.

Second, a question arises as to whether the potential defendant is actually using the source code. You question indicates only your "belief" that this is the case, but you don't indicate the basis for your belief.

In short, assuming that you own the rights as you say and assuming further that the potential defendant is infringing on your rights, you have a cause of action in federal court. The assumptions, however, would need to be verified and examined before a definitive answer to your question is possible.

-- Kenneth J. Ashman; www.AshmanLawOffices.com

The information provided by Ashman Law Offices, LLC (�ALO�) is for general educational purposes only. No attorney-client relationship is established by this communication and no privilege attaches to such communication. ALO is not taking and will not take any action on your behalf and will not be considered your attorney until both you and ALO have signed a written retention agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain ALO on terms acceptable to ALO, you should immediately seek the services of another attorney.