Search office fermer.mobi
Yesterday, employees of the “K” Department came to our office, and then to my apartment, they seized a total of 3 system blocks, 2 laptops, 1 netbook (6 computers in total), presenting all the necessary papers for the search: search ruling by court order, and the order giving the right to search, the search was carried out with the witnesses.
The search warrant states that the reason is a criminal case brought against an unidentified person, on suspicion of violating copyright of Pletox.
It is alleged that allegedly when developing the game fermer.mobi , the program code of the game World of Shadows was used .
In the evening of the same day they brought me a summons, to appear for questioning as a witness.
During the search, I constantly consulted a lawyer on the phone and did what she told me. We have entered all the comments on the search procedure into the protocol. Each of us will go to the interrogation with a lawyer (by the way, our team has already 5 people).
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For our part, we confidently declare that we did not use the Shadow World code when developing. The game was designed from scratch. We did not violate copyright.
Well knowing the habits of my former partners from the Playtoks, I expected such a move from the first lines of creating the game, and therefore did not use a single line of code from the World of Shadows on purpose.
However, I suspect that now I’ll have to prove that the presence of strings like “public class User” or “public static void main” in each of my projects is not an illegal use of the Shadow World program code, but many programmers just write these lines the same way, and they are the same in many projects, and even with different people.
Immediately after the search, we went to buy computers, the company's work was fully restored on the same day. The game itself continued to work all this time without interruption, since the servers are located in Hetzner in Germany, and not in our home.
The ruling states that I was an employee of Pleitox LLC from October 2009 to October 2010 - this is a lie. I have never been an employee of Platox LLC. He was a co-founder (it was formalized for his wife), but he was not an employee (there is no record in labor, I did not enter into any contracts with Pleitox).
I started developing the World of Shadows in June 2009, and was the only developer in the first 4-5 months, before the game was launched in October 2009, and only after the launch, people started to slowly type. That is, I am the author of this program, however, in the public bulletin, where patents are listed, it is written that the copyright holder is Pleitox, and the author is not specified. Unfortunately, I have never seen the copyright certificate itself, but there are suspicions that the author has indicated some other one instead of me, which leads to suspicion about the illegal copyright registration. But there is no easy way to check this, apparently only through the court.
I want to turn to the Habra community for advice.
1) How does the court establish the fact of using someone else's code? After all, the presence in each file of the word "int" or "class" cannot be evidence of the use of someone else's code, but we understand this - programmers, but how will the judge look at all this?
2) How can I be the real author of the product World of Shadows, can I prove or dispute the authorship, if, suppose, in the copyright certificate of Pleitoks, there is a completely different person who hasn’t seen the code? I’m 99% sure that I’m not listed there, because to indicate the author, as far as I know, it is necessary that an employment contract be concluded with him, and I have not concluded such an agreement with them.
I wrote about the history of the creation of the project here earlier.
Currently, the audience has grown to 400 thousand unique visitors per day.
Online an average of 20 thousand, in peak reaches 25 thousand.
More than 1 million players have already been registered.
UPD May 13, 2012:
Examination completed . To my advantage. Computers returned. The prosecution against me is discontinued.
The search warrant states that the reason is a criminal case brought against an unidentified person, on suspicion of violating copyright of Pletox.
It is alleged that allegedly when developing the game fermer.mobi , the program code of the game World of Shadows was used .
In the evening of the same day they brought me a summons, to appear for questioning as a witness.
During the search, I constantly consulted a lawyer on the phone and did what she told me. We have entered all the comments on the search procedure into the protocol. Each of us will go to the interrogation with a lawyer (by the way, our team has already 5 people).
')
For our part, we confidently declare that we did not use the Shadow World code when developing. The game was designed from scratch. We did not violate copyright.
Well knowing the habits of my former partners from the Playtoks, I expected such a move from the first lines of creating the game, and therefore did not use a single line of code from the World of Shadows on purpose.
However, I suspect that now I’ll have to prove that the presence of strings like “public class User” or “public static void main” in each of my projects is not an illegal use of the Shadow World program code, but many programmers just write these lines the same way, and they are the same in many projects, and even with different people.
Immediately after the search, we went to buy computers, the company's work was fully restored on the same day. The game itself continued to work all this time without interruption, since the servers are located in Hetzner in Germany, and not in our home.
The ruling states that I was an employee of Pleitox LLC from October 2009 to October 2010 - this is a lie. I have never been an employee of Platox LLC. He was a co-founder (it was formalized for his wife), but he was not an employee (there is no record in labor, I did not enter into any contracts with Pleitox).
I started developing the World of Shadows in June 2009, and was the only developer in the first 4-5 months, before the game was launched in October 2009, and only after the launch, people started to slowly type. That is, I am the author of this program, however, in the public bulletin, where patents are listed, it is written that the copyright holder is Pleitox, and the author is not specified. Unfortunately, I have never seen the copyright certificate itself, but there are suspicions that the author has indicated some other one instead of me, which leads to suspicion about the illegal copyright registration. But there is no easy way to check this, apparently only through the court.
I want to turn to the Habra community for advice.
1) How does the court establish the fact of using someone else's code? After all, the presence in each file of the word "int" or "class" cannot be evidence of the use of someone else's code, but we understand this - programmers, but how will the judge look at all this?
2) How can I be the real author of the product World of Shadows, can I prove or dispute the authorship, if, suppose, in the copyright certificate of Pleitoks, there is a completely different person who hasn’t seen the code? I’m 99% sure that I’m not listed there, because to indicate the author, as far as I know, it is necessary that an employment contract be concluded with him, and I have not concluded such an agreement with them.
I wrote about the history of the creation of the project here earlier.
Currently, the audience has grown to 400 thousand unique visitors per day.
Online an average of 20 thousand, in peak reaches 25 thousand.
More than 1 million players have already been registered.
UPD May 13, 2012:
Examination completed . To my advantage. Computers returned. The prosecution against me is discontinued.
Source: https://habr.com/ru/post/123225/
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