Who will make an examination of the theft of the software code, which will be accepted by the Russian court?

Question

Intellectual property

Description of the situation for understanding (you can skip it), the question is at the bottom.
There was a project with a tech lead in it. Management and investors behaved badly. There was a conflict, the person left the project. He left well - did not take money, bases - nothing. The man was the brains of the project, gathered his team, began to develop the idea himself. There were no complaints from the first project.
Over time, the first project without a leader wilted. Two years have passed and the new project began to show results. The management of the first one decided that it was possible to heat up on this and made claims - that the code was stolen. Legal battles have begun. A person needs to be rescued, the accusations are empty. The goal is to strain the team, stop the development of a new project and force them to pay off the collision with some money.
Question. What kind of expert examination of software code exists in Russian law, the conclusion of which will be taken into account by the court? Conclusion that the code presented by the two parties is different.

Answer 1

Code reviews can be different, depending on what kind of claim you have been sued for and what you want to prove, for example, is the code completely similar or has it been refactored.
The court must accept any evidence relevant to the case, but it evaluates any evidence only on the basis of its internal conviction, this is the law.
In your case, 70% of success will depend on what questions you put to the expert, and 30% on where the expertise goes. Formulating questions that an expert will answer in your favor is a very difficult job. Just ask if there are code borrowings, get a full water examination and possibly a lost court. This is similar to your question, here is our situation - what will happen. General question - general answer. The question is whether the algorithm for processing the request of program X from market.yandex.ru is similar to Y. Is such an algorithm commonly used in similar software? Depending on the answer, require proof of developing algorithms from scratch. As an option. Each question of the expert is paid separately. You must also try to convince the court to include questions in the examination, in general, good luck to you,

Answer 2

Most likely they will press on the fact of stealing the idea, not the code, on the documents that that person signed such a "non-disclosure" type.

Answer 3

Author, don't put the cart before the horse.
First, the beginning of court proceedings, and then an examination at the request of one of the parties and by court order.
Your amateur performance will only take money and time.

Answer 4

The previous employer can make such claims only if he proves that the "stolen" code/concepts were developed for specifically formulated tasks. There should be design solutions \ specifications from which it is clear that the results of the work of the executor of these specifications are the property of the company and the executor on them is the person accused of theft. And he had to sign for the receipt of these instructions (specifications) and he must have non-disclosure clauses in his employment contract, etc.
In addition, the company must have intellectual property rights - the product must be properly registered.
So all these raids from the legal side are very difficult to prove.
Another issue is that the decision in court is made by ordinary people with their own levels of competence and weaknesses.

Answer 5

You do not need to do an examination - these are the problems of the plaintiff and are done at his expense.
Until the start of the trial, you can do nothing at all, because. examination is appointed by the court. And after the examination, the plaintiff will automatically lose, because the code will not match 100%. Computer source codes are protected in the same way as works of literature. Those. if there is no verbatim copy, then there is nothing to present. Otherwise, writers of literature would constantly sue. It is enough to rename the variables and functions and voila.
You will win the trial. According to the civil code, copyright does not extend to ideas, concepts, principles, methods, processes, systems, methods, solutions to technical, organizational or other problems, discoveries, facts, programming languages, geological information about the subsoil.

Answer 6

Code examination can be carried out if the product has been officially registered through the registration of a computer program, which confirms that this code belongs to the first project.
If a person did not give non-disclosure agreements or it was not indicated in the employment contract that everything he created belongs to the first project.

Answer 7

If very briefly - as with patents: whoever applied first is right. Code - you can register.
If both parties didn’t, then the correctness will hang out between the one who first complained and the one who proved his authorship in more detail (drafts, developments, commits)
Well, an incidental moment: the copyright itself belongs to the author and is essentially inalienable - created - that means the author. But already property and other rights-consequences - depends on the details.
That is, the first step of the body is authorship, the second is whether there is strong evidence that the author received the task and money and whether there were agreements for the alienation of the right to use, etc.

Answer 8

Since this is not a criminal, but a civil case, both sides must prove that they are not a donkey.
It is necessary to consider the arguments of the plaintiff.
If, as you say, he has no evidence (and where will they come from, in your opinion), then that's all.

Answer 9

contact the auditors, but it’s not cheap
, you can’t even get to the big four, but a lower rank - there are experts (including attracting) and practice

Answer 10

answer asd111 asd111 is the only one of all the more correct answers, don’t read the rest ...
the burden of proof lies with the plaintiff, since the plaintiff needs to prove directly that his rights have been violated ...
I’ll add about the examination that if it is appointed, you have the right to be present during the proceedings examinations and give your explanations ...
but don’t worry at all, most likely the plaintiff simply will not financially pull the courts and examinations, and if he tries, then sit down in a chair, take pop food and watch the Titanic sail ...