Legal Question in Technology Law in Texas
Theft of Intellectual Services
Early Feb, I was called about an Exchange Mail server that had crashed. I fixed the problem and recovered all of their mail. I sent an invoice, and they refused to pay. Now their claiming that the equipment, and software sold to them over a year ago was not legal and therefore they will never pay. I have invoices of the licenses and hardware bought by me, and sold to them. I have tried to settle this without going to court. Can I take the data back, since they lost it, I recovered it and they will not pay?
1 Answer from Attorneys
Re: Theft of Intellectual Services
I think not.
I am guessing you are talking about a hard disk crash or something similar, and that you recovered the files and replaced the equipment.
If someone inadvertently loses the key to their file vault for paper files and locksmith is able to pick the lock and retrieve the files for them, the locksmith does not own the files if they don't pay for the locksmithing services and any new lock or valut he provides. This is not much different. They didn't really lose the files or you would not have been able to recover them. They merely thought they lost them because they did not understand the technology for file recovery just as most people don't know vault lock technology.
You may have a claim to the equipment you sold them, depending on how you sold it. But as to the service, if you did not get payment up front or a security agreement, you merely have an unsecured debt collection matter.
So, see a collection agency...if it is worth it.
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