Q: Asking for Confirmation after requesting removal of IP?
I built a game with my friend. We had plans on monetizing and selling it. It was a small project that became more serious and eventually took 6 months of my time. There were issues (drug use, lack of comms) that led to my decision to leave
There was a formal company but no contract around the usage of my code. I requested that he stopped using my work as we don't have a contract, before I turn over any docs, and stepped down. He agreed to my request to not use my work. This was transparent at first, but not all my work was removed.
When I pointed this out, he became less responsive (taking upwards of two months). He returned saying he rewrote/remove everything from scratch but I cannot see it, and will no longer need my assets (will rebrand instead).
I've offered a neutral mediator, or a code review to confirm if this is true and have been ignored. I'm fearing someone is profiting off my work w/o my consent. If they are being uncooperative w my IP, can/should I escalate? How?
A:
If you believe someone is using your intellectual property without your consent, you may have grounds to pursue legal action. Start by sending a formal cease and desist letter demanding the removal of your work and expressing your intention to protect your IP rights. If they continue to ignore your request, consult with an attorney to explore further actions, such as filing a copyright infringement claim, to protect your intellectual property under California law.
James L. Arrasmith
Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
A:
This is such a common problem that I always advise founders to establish an agreement before anyone does any serious work. Hopefully this bad experience doesn't dissuade you from starting new projects (only with agreements in writing first).
If you have records of the code you contributed (git commits?), you could pursue a case against him. However, your recovery would likely be limited to the percentage of the total code your code was. If you're sure he still has a lot of your code and he's making good money off the app then it's definitely worthwhile to pursue a lawsuit. Otherwise, you probably would be best to write this off as a learning experience and go off to pursue your own projects.
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