How to sue a customer for stealing source codes?

roy_oz2014-12-26 01:14:36

Freelance

roy_oz, 2014-12-26 01:14:36

The online store ordered to make a mobile application for them. The development was carried out on Github, where the customer had access. A couple of times I uploaded an intermediate version of the Android application to my account in the market, in beta mode. When the project was almost completed, the customer reported that he was not satisfied with our development deadlines, and he terminated the contract unilaterally. I thought that I could sell the developments to their competitors, but after a while I found my application on Google Play and the App Store. The customer hired another freelancer who minimally changed the source code of the applications (the names of variables, functions, modules) and then posted both applications to the markets, under the customer's account, signing himself up as an application developer. Can I prove in court that the source codes were stolen by the customer?

Answer the question

In order to leave comments, you need to log in

6 answer(s)

386DX, 2014-12-26
@386DX

So in the end, there was a contract or not.
With such questions to lawyers, and specializing in IT. If you have money, you can prove anything in court, with varying degrees of success.
To begin with, you and the customer are an individual, individual entrepreneur or LLC and where you are.
UPD seems to be no longer necessary for the author of the question, but in general there are all sorts of charitable "expert" institutions. If in one of them you order an examination, in which they write to you that you developed this code several months ago and developed the code on your PC, with this "expertise" (if, of course, someone does this) and a lawyer, you can theoretically go to court and something to prove.
The examination is called "examination of copyright for the program" Google on this request displays a couple of charades.

Elizaveta Borisova, 2014-12-26
@Elizaveta

In general, even with perfect payment, in the absence of a full transfer of rights, freelancers can go to court) But in the Russian Federation this all works unstable, the details of the contract are important.
If the customers went for it, most likely they have a good reason that neither the court nor Google Play will count your claims.

Alexey, 2014-12-26
@Comphard

I agree with Elizabeth.
An unpleasant experience from which you can learn a damn useful lesson.

xmoonlight, 2014-12-26
@xmoonlight

What for? The author is you! Refine the functionality (add something), register authorship (initially - do not put it on github!) and sell to other stores! And as a demo - make it free with the same functionality as they have!
And forget and get income!

RomanAkaMagician, 2014-12-27
@RomanAkaMagician

In the wonderful film "Golgotha" there is such a wonderful scene:

- To be honest, it seems to me that they talk too often about sins and not enough about virtues
- Maybe you are right, but what is the main thing for you?
- The ability to forgive is seriously underestimated.

NiSanGo, 2015-04-28
@NiSanGo

In principle, you can, but the question is how)
You need to prove in court that:
1. You developed the original code.
2. The customer saw this code.
3. The customer's code is borrowed from yours (this is done by a special expertise).
And one more very important point - you must decide whether you need it in principle. Litigation is a long and expensive thing, and it's up to you to decide if it's worth it.