Re: Re: Started a business, who now owns my IP?
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Posted by M. Arthur Auslander on August 31, 2003 at 07:18:44:
In Reply to: Re: Started a business, who now owns my IP? posted by NonGeezer on August 30, 2003 at 11:35:38:
: When you got the domain for your company, bigbigbiz.com or whatever, you had to give out some personal information to get it. (Now anybody can check who owns that domain and see that info.)
: The domain is hosted on a server so the current IP is that of the server. It can be hosted by anyone and the IP will change with the host.
Dear Non Geezer,
Without taking professional responsibility, if you created the softeware without a writen agreement and were not employed to do so, I think you own it. There is much that you can do.
M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law Since 1909
3008 Johnson Ave., New York, NY 10463
E arly L egal A dvice I s N ot E xpensive™
: There are no "IP rights", only the right to use that domain name.
: : THE FACTS:
: : I have written software.
: : It was 90% complete on my own.
: : I incorporated a company with 2 friends(big mistake).
: : We worked on it some, it is now about 95% done.
: : We had a falling out and was threatened that I could not sell the software on my own because the company now owns it.
: : There are no company documents giving the software IP to the company. Meeting notes are very sparse.
: : 4 years have passed and the corporation never paid taxes, received any income, nor had any expenses.
: : California Tax Board sends tax collection notices and wants $800 a year minimum tax or they will suspend the company.
: : I have refused to give the source code to any of the partners.
: : What happens in a situation like this? There was never a copyright filed. Did the software become part of the company because we had intended to sell it?
: : Does the IP rights of the software revert back to me?
: : When? How?
: : Scott
: : email@example.com
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