NDA form

Discussion in 'Legal Issues' started by rvvp, Aug 16, 2005.

  1. #1
    Hi,

    I have a script that was created under 'Work by Hire' US law. So I am the owner of the script. After sometime I need it to be upgraded , so I let another programmer signed the NDA form and gave him the files last week.

    After downloading the files, he stopped responding to my emails. (before agreement and during, he responded so promptly)

    What I have to do if he starts selling it? Any internet law firms to help me on this? Is the NDA form is the legal contract between me and him?

    Any help is very much appreciated.
     
    rvvp, Aug 16, 2005 IP
  2. Willy

    Willy Peon

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    #2
    Welcome to DP :cool:

    If he starts selling it, he's violating your copyright (since you own the source code). That means you can and should sue his sorry arse for copyright infringement. Breaching the NDA is a separate matter (even if he didn't sign an NDA he's still infringing your copyright).
     
    Willy, Aug 16, 2005 IP
  3. rvvp

    rvvp Peon

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    #3
    Thank you Willy. (for the welcome + advice :) )

    I am nonUS, but registered my business in Delaware. Its better to contact a lawyer beforehand? Or I am just exaggerating the situation? Because rt now he is not doing any thing illegal, so lets wait until I come across such situation?

    Sorry, that script is very important to me I don't want to be get fooled by some person :(
     
    rvvp, Aug 16, 2005 IP
  4. Willy

    Willy Peon

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    #4
    It would probably be good to wait a bit; I mean, it's unlikely, but it's possible he could've had an accident or somesuch, and be unable to respond to e-mail presently.

    The best thing to do would be to try get in touch with him on the phone. If he has his own domain, you will likely be able to get his phone number and home address by looking up the Whois information for the domain (try it on http://whois.sc/).

    You'll need his information anyway, in order to resort to legal means (can't prosecute an e-mail address ;) )
     
    Willy, Aug 16, 2005 IP
  5. RectangleMan

    RectangleMan Notable Member

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    #5
    You can't DO anything till he starts to sell it.

    Also what country was the programmer from that you sent the files?
     
    RectangleMan, Aug 19, 2005 IP
  6. rvvp

    rvvp Peon

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    #6
    He is in US. Not sure of his nationality.

    Yes, I thought same way too, right now he is not doing anything except not replying to my emails. Will wait and see.
     
    rvvp, Aug 20, 2005 IP