Reply #180: I'd get another attorney... [View All]

If you simply showed your original contract, and claimed you had all rough copies, etc.

Now, I don't know what you did but if they indeed have the SOURCE code then it's on the table (unlike the SCO thing).

It would seem to me to be on THEM to show what was in the "public domain" (and if you look around there's not a lot of truly PUBLIC DOMAIN software rather than GPL or other copywritten software). I just can't believe that it would be your responsibility to prove a "universal negative".

If you went into a deposition, all you'd have to ask anyone at any of those other non-profits WHERE they got the software. I SERIOUSLY doubt pions /data entry people are willing to lied under oath to save the non-profit a couple of bucks.

PS: I really don't think people would think any less of you if sued them. They would respect you.

At the very least legally, I would offer them to continue using your program for free if 1) they admit that it's your program, 2)they copied it without permission 3) they agree not to distribute it to others and 4) understand that any further infrigement on their part WILL be met with litigation.

IN ANY CASE, I would offer for sale it on a website, publically claim ALL copyrights, posting copywrite restrictions, etc.

edited because I kept thinking of stuff..