Legal Question in Technology Law in Missouri

Re: My private source used by my ex boss in his software

You state that you "allowed the company to use a component [you] wrote in their program." Do you have a written agreement b/t your former employer stating such? Did the component you wrote exist prior to your employment? Where did you write the component you own and how did your former employer obtain that component? Did you sign an employment contract or other documents during your employment? There are many questions that have to be answered before an experienced attorney can give you an answer to your question. I highly recommend that you consult with an attorney familiar with ownership issues arising out of software development. Whether or not you have a viable cause of action against your former employer is going to be dependent upon the specific facts of your case. If you would like further assistance, feel free to give me a call. Best of luck with your situation.

Re: My private source used by my ex boss in his software

My initial reaction is that your former company owns the program including your component and that they probably do not have to remove it or pay you a royalty. Since you were head programmer, you were an employee paid to develop software for them and this is what you developed for them. It is probably within the scope of your employment and thus a work for hire. That would mean the company, not you, is considered the author. The actual facts may vary this a little, but unless you had a written agreement that you, not they, own the module, you will end up losing this case. Perhaps you should let them go and consider it a lesson learned. I

f, on the other hand, you had a written agreement with them that this was yours, and they now refuse to remove it or pay a reasonable royalty, then you have a case.

Did you register a copyright on the module? If yes, in whose name did you register? If you did not register, consider that strike two against you.

Did you inform the company before inserting your module that it was a proprietary module you could remove anytime you wanted? If not, probably strike three and you know what strike three means.

Sorry for the bad news, but you need truth not some sweet song or barrage of questions intended just to get you as a client.

Re: My private source used by my ex boss in his software

This is a matter of copyright law, and the law is somewhat tricky in this area. Even if you worked nights and weekends on this in your home, because you worked for your employer, the code may not be yours. However, as you indicated you wrote this module separately, and gave permission to the company to include it, depending on the permission, and depending on the nature of your employment relationship with the company and any contracts you had, you may have options to pursue.

Your best bet is to seek counsel from an intellectual property law firm in one of the major cities (KC or STL) and provide to that counsel all the facts. You'll probably have to pay for the opinion, but it may be money well spent. Even if you have no case, they can advise you on how to structure future arrangements to avoid similar results. If you do have a case, they can advise you on the quickest way to solve your problem.

Stison, Morrison & Hecker is one firm in Kansas City that at one time had a very active IP department, although I am not certain that they still do. You might start there.

Good luck!