Hi, I am into mobile gaming business. I am proprietor. My ex-employee stolen code of our game and published with 3rd party publisher with all graphics and interface changed. But game logic is same. They also worked on game and added some other feature. But core part of the game is same to same. An avid gamer can proves both game logic is same to same. My question is: Should I file case to my ex-employee and the publisher of the game? What are the possibilities I can prove my points? -A Game Owner
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What is evidence that your ex employee has stolen code of your game and published it with 3rd publisher
2) you should file case against your exemployer and publisher if you are able to prove that code of game was stolen
3) if there is any apex organisation for mobile gaming lodge complaint with them against your exemployee and publisher
4) you need an expert opinion that source code was stolen by your ex employee
Hi Ajay, I should write this in my first post. Yes code is stolen by my ex-employee and I know his name too. I am 100% sure it is done by him. My other ex-employee confirmed it to me (both are friends). Also, this is not the first time I am noticing his game on Google Play (Google Play is a platform where game developers/publishers publish games). In past, my ex-employee tried to publish games three times on Google Play and every time I complain to Google Play and they removed their game. In each time, my ex-employee leaves some traces of our game-images in their game and Google accepted my claim. Note: Everytime my ex-employee uses new Account to upload games on Google Play. This time, he changed every graphics and interface, Google Play not entertaining my complain. Thanks
Obtain letter in writing from other ex employee that game source code was stolen by your ex employee
2) you must be having copy of correspondence exchanged with google wherein you complained about your game being published by ex employee
3) rely upon said evidence and file police complaint against ex employee for cheating, criminal breach of trust under section 406, 420 of IPC
4) you can also file suit for damages against ex employee for loss suffered by you
1.Theft of data is very serious offence which attracts charges u/s 420 of IPC along with several provision under IT Act can be attracted.
2. So lodge a complaint with local police.
3.However it would be difficult to prove the theft since some more features are added which can be done even without stealing the code.
4.had you patented the code then you had been under more safer place to protect your code.
5.Anyway now lodging of complaint with police remains your only option.
My question is: Should I file case to my ex-employee and the publisher of the game? What are the possibilities I can prove my points?
In my opinion you may not be able to file any case agaisnt him because you have admitted that "They also worked on game and added some other feature.", though the core part of the game and logic of the same may be identical.
This cannot be your invention hence no case is maintainable on the basis of logic alone.
n past, my ex-employee tried to publish games three times on Google Play and every time I complain to Google Play and they removed their game. In each time, my ex-employee leaves some traces of our game-images in their game and Google accepted my claim. Note: Everytime my ex-employee uses new Account to upload games on Google Play. This time, he changed every graphics and interface, Google Play not entertaining my complain.
If the interface and the graphics have been changed then it lost its originality or it may be considered as a new product with new features.
You are not the creator or inventor of the new featured game hence google has not entertained your complaint this time.
There is no legal infirmity in it on the part of google.
Also since it is not copy rights protected product that you can say that there is a copy right infringement.