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Old 01-22-2003, 05:28 PM   #3
Mason
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Join Date: Apr 2002
Posts: 158
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Dulan is correct.  Copyright protection occurs at creation, not at publication or registrtaion.

However, you say that you were asked to create this code for them.  Did they pay you for it?  Did you receive any compensation for it?  Also, depending on the rest of the facts, there may have been an implied right to use the code.  It is not clear to me from the facts whether or not you specified whether they could access your code.

Finally, you say that they have a "significant portion of [your] source code."  You'll have to establish that this wasn't an independent creation and therefore not a violation.  You will also have to figure out whether, even if the code was copied (or influenced by you), the code was essential.  The court has held in some instances that essential code gets a thin copyright - as otherwise one might be granted a monopoly in areas like compatibility.

So, as you can see, depending on the facts you may or may not have a case.
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