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Dwayne B.
Dwayne B., Attorney
Category: Business Law
Satisfied Customers: 33745
Experience:  Practicing for over 20 years and helped a number of businesses with litigation.
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I executed a purchase agreement for software source code with

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I executed a purchase agreement for software source code with a vendor who is in another country...and who is reputable. A company in the US is claiming that they own the software because the vendor worked with them for a while...but they did not pay for it, it was not licensed, and the vendor was not an employee, contractor or work for hire...he claims complete and unconditional ownership of the software. Question: can the company sue me for using the software I purchased legally, or do they have to sue the vendor?
Submitted: 6 years ago.
Category: Business Law
Expert:  Dwayne B. replied 6 years ago.
They can sue both of you under a copyright infringement cause of action.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Customer: replied 6 years ago.
copyright belongs to the author however...regardless of the fact that they have to go after and sue everyone possibly using the software, is their cause of action purely declatory so you stop using it, or is is damage-related...they have to prove they own the work, which they do not, but they can sue anybody/everybody if they choose to whether frivolous or not I realize...just did not know if they had to go after the source, or had free reign to go after anyone using it...
Expert:  Dwayne B. replied 6 years ago.
Copyright belongs to the author sometimes. If a work is created while on someone else's payroll then the work usually belongs to that company.

In copyright or trademark infringement they can go after anybody using it to 1) prevent them from using it and 2) to collect damages.

Please understand I am not voicing an opinion as to who would win since there is no way to know that without a much more detailed study of the facts than we can do on here. But there are people getting sued every day for infringing on Intellectual Property rights and the plaintiffs go after everyone in the chain.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
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