Hi,
You are suggested to send strong reply of the notice denying all allegations and ask for damages for falsely accusing you.
Cease and Desist notice for infringement of copyright; and violation of civil and criminal laws
I was working as a software engineer at a software company and resigned from the company one year before. One of the clients of my previous company contacted me and want my help. So Now my previous company has sent me a legal notice then I copied their code and selling to their clients at a lower price, actually I have not done this and contacted their client directly. Please advice me about this.
Asked 6 years ago in Criminal Law
Religion: Hindu
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19 Answers
1. Counter the said legal notice, by another legal notice by you asking for documentary evidence about their claims, failing which you will initiate appropriate legal proceedings against them.
2. Further remind them that you are a software engineer and do unique assignments and that you need not copy or replicate any old coding etc....
Dear sir,
The best option with us is to send a reply to the legal notice sent by your erstwhile company and clarifying the situation. So that they cant initiate any complaint against you.
Hope that solves your query.
You can contact me for consultation if any.
YUGANSHU SHARMA
ADVOCATE
DELHI HIGH COURT
You should give a befitting reply to the legal notice received by you, where you should deny all the allegations levelled by them and ask them to produce documentary evidence to prove their allegations.
You can sue them for defamation, if they fail to prove their claims. Defamation can be both criminal and civil.
Criminal Defamation: Criminal defamation is the act of offending or defaming a person by committing a crime or offence. For criminal defamations, you could always get the liable person or party prosecuted. It is studied in IPC as a criminal act.
Civil Defamation: Civil defamation involves no criminal offence, but on account of this kind of defamation, you could sue the person to get a legal compensation for your defamation. It is studied under law of torts i.e. as a civil wrong.
1. That you the addressee were working as an employee with our client. At the time of joining the services of our client, you the addressee had signed an Employment, Confidentiality and Non-Disclosure Agreement. As per clause II(A) of the said agreement, it was your duty not to disclose “employer’s confidential information” to anyone without the written consent of the employer (our client). You resigned from the services of our client and are no longer working as an employee of our client. To the best of the knowledge of our client, you the address have not purchased any module/software from our client. Even otherwise, you have no right to share the contents of any module/software/code of our client on any website including your website or to interact with any of the customer of our client. 2. That our client has recently discovered that you are contacting one of very important customer of our client namely, “Mario Chang”. The said customer of our client had purchased “opencart-multi-vendor-marketplace” and has been taking our development services from last 2 years. It is submitted that you being an employee of our client had worked on the same customer project but now you are illegally and unauthroizedly trying to approach the above said customer of our client. Our client has also been informed that you are trying to sell the products that were stolen by you during your employment with our client. It is worthwhile to mention here even at the sake of repetition that you are not entitled to contact directly to any of the customer of our client and share any module/software developed by our client, but contrary to the agreed terms you are directly contacting the said customer of our client by violating the laws of the land as well as the terms and conditions of the Employment, Confidentiality and Non-Disclosure Agreement.
Asked 6 years ago
There is no need to worry, if you hadn't contacted their clients.
Give reply as advised above.
Hi,
As suggested earlier, you are advised to send strong reply denying every bit of allegations of breach by you.
I did not contact their client but made conversation because he contacted me directly through LinkedIn. Also, he presented his problem to me so I told him that I can help him. But I did not give any service or sold any software to their client just made conversation over chat.
Asked 6 years ago
Did you sign any non compete agreement?
Dear Sir,
- If you have done nothing wrong, no need to worry.
- Reply with guidance of any lawyer who understands the matter as it is initial level and getting into legal battle will create kiosk for you. However, advisable to consult a lawyer to play safe.
- All the very best and do feel free to connect if needed any advice further.
Regards
Vivek Arya
You must submit detailed reply to legal notice
2) deny that you have violated non disclosure agreement
3) deny that you contacted any of their clients
4) deny that you copied the code and selling it at lower price
Contact a local lawyer and submit details reply to legal notice
deny all allegations made in compliant
Dear Sir,
This will be our defence to your reply to the legal notice that you acted in a helping capacity.
Since, you have not rendered any service nor sold any software to their client. That will suffice your claim.
Hope that solves query !
Regards
Yuganshu Sharma
I have not signed any agreement with their client just make chat over linkedin and skype and told him that If he gives the project then I can help him. But When I was an employee at my previous company I signed an NDA but the NDA was 100 of pages so I could not remember all the points. Below is the point which are the legal notice 1. That in the circumstances mentioned above, you have rendered yourself liable to institution of legal proceedings, both Civil and Criminal, against you. If you are desirous of avoiding the civil liability, you are hereby called upon to comply with the following requirements a) To cease and desist forthwith from contacting any of the customers of our client and trying to sell any of software/module/source code of our client on any public internet space including github or even on your website. b) To give an unconditional undertaking to our client in a form to be approved and acceptable to our client that you will not hereafter contact any of the customer of our client or use the said Software on any other public internet space. c) To pay to our client a sum of Rs.25,00,000/- towards compensation for the aforesaid unauthorized activity done by you. 3. You may also note that in the event of your failing to comply with the above requisitions and confirming the same to us as well as to our client in writing within seven (7) days of receipt of this notice that you are willing to comply with the foregoing demands unconditionally, our client will have no alternative but to initiate appropriate criminal proceedings by filing Complaint with the police under the relevant provisions of Indian Penal Code, 1860 and Information Technology Act, 2000 against you the addressee. Our client will also be compelled to file a complaint with the police and ask the police to search your premises to find out if any incriminating documents or confidential information or any relevant materials pertaining to our client are kept in your office. Furthermore, o
Asked 6 years ago
deny your liability to pay Rs 25 lakhs
2) no question of giving any undertaking
3) deny that you have committed any offence as alleged
Having said earlier, nothing to be worried if you have done nothing wrong.
Reply to legal notice with advice of any lawyer you feel suitable for your case
Deny all the allegations and further, if needed take counter action against you to humiliate and defame you.
Regards
Vivek Arya
You can reply to the same. Dont worry it's very difficult to prove copyright cases in court. You can't contest one later
If you have been served with a legal notice to this effect, it becomes your duty to issue a reply notice denying their allegations and inform them the actual facts.
Let them take any action after that which can be challenged as per law.
The contents of the notice are absolutely absurd.
Your previous employer is advocating on behalf of his client defending his client's customer.
He has got nothing to with his client or his customer especially he has nothing to with your professional activities.
He cannot restrict you to do what you would like to do.
He has not proved that you have stolen his data and supplied or sold to a third person.
You discuss with your advocate at length and issue a proper and befitting reply so that the employer withdraws his complaint, also this notice can be a solid evidence for you to take an action against him under section 500 IPC for defaming you and spoiling your name and reputation.
Even you had serviced his client it was on the request of tht client and not it was a voluntary service.
You need not worry about it.
You give a befitting reply denying his allegations and also may inform him that you would be constrained to initiate legal action for his defamatory acts both through civil and criminal laws
In India, a non-disclosure agreement is governed by the Indian Contract Act, 1872. For the validity and enforceability of the NDA, which are to be stamped.
The duration of time for which the recipient of the information is expected to hold the secrecy of that information. This period includes the day when NDA comes into effect till the time it expires due to completion of the contract. It is not a good idea to create NDA that prevents one from holding information infinitely especially when such restriction is causing a restriction on starting a business or carrying out some business or employment directly or indirectly. There should be a reasonable limit to Restrictions in NDA.
Although NDAs are commonly signed between the two companies, individuals or other entities but an employer can also enter into a Non-Disclosure agreement with his employee. In India, a non-disclosure agreement is governed by the Indian Contract Act, 1872
To his legal notice you may approach a skilled advocate and give a proper reply so that the notice becomes nullified even if he is planning to take legal action through court.
Dear Client
You should reply to the notice with your explanation through an criminal advocate who also deals In service matters.
Reply with the points that I will not contact any of your client but if any of your client contact me then I will definitely reply them and give them my services if they insist to but will not use your codes or software for providing the services and I will just provide my skills which is not patented by anyone including my previous employer.
