Oilfield computer software protected
Background
Overview
Our Client
An oilfield service provider with a very successful program for booking workers' travel and related needs.
Where we began
Our client built a very successful sales book. A prior employee involved in the software development issued suit against our client claiming he was a co-author of the software.
Our approach
Our team applied what we have learned through the years on copyright cases - in Canada the author is the owner; that is, the person "holding the pen" (in this case, coding the software by tapping the keyboard). In addition, it was clear that the true author had reams of experience and success in developing software and that the prior employee had little or no training and didn’t know computer languages. In other words, the claim "didn’t add up." We oversaw our own client’s case and also advised two consecutive teams of outside lawyers handling the case for the client’s Director who was also sued. "Keep it simple, get the necessary facts in, don’t complicate it and get it to trial" was the mantra.
The result
We followed the mantra against all temptations otherwise. The case was dismissed by the Federal Court in a relatively quick manner, relatively cheaply, and without any live testimony or cross-examination required along the way or at trial. The case is now the only Canadian precedent on what activities give rise to software authorship.