Volkswagen Aktiengesellschaft v Garcia & Ors

Volkswagen Aktiengesellschaft v Garcia & Ors

The claimants have a sufficiently strong case that the Megamos Crypto algorithm was obtained from a source with a murky and likely illegitimate origin, and the defendants were or ought to have been aware of this. The balance of interests, including the risk to the security of millions of cars, justifies an interim injunction restraining publication of the algorithm and the attack based on it, pending trial. The merits are not overwhelming but are strong enough to justify interference with academic freedom and freedom of expression at this stage.

Parties
Claimant: Volkswagen Aktiengesellschaft; 1st Defendant: Flavio D. Garcia; 2nd Defendant: University of Birmingham; 3rd Defendant: Roel Verdult; 4th Defendant: Baris Ege; 5th Defendant: Stichting Katholieke Universiteit; To Be Joined as Claimant: Thales
Jurisdiction
England and Wales
Judgment Date
25 June 2013
Procedural Posture
Interim Injunction Application (civil) / Interlocutory (pre Trial)
Outcome
Interim injunction granted (with limited exception)
Legal Topics
Misuse of Confidential Information, Reverse Engineering, Academic Freedom, Freedom of Expression, Interim Injunctions
Confidential Information Intellectual Property Human Rights Misuse of Confidential Information Reverse Engineering Academic Freedom Freedom of Expression Interim Injunctions

Case Brief

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Parties

Volkswagen Aktiengesellschaft

Claimant

Flavio D. Garcia

1st Defendant

University of Birmingham

2nd Defendant

Roel Verdult

3rd Defendant

Baris Ege

4th Defendant

Stichting Katholieke Universiteit

5th Defendant

Thales

To Be Joined as Claimant

Procedural Posture

Interim Injunction Application (civil) / Interlocutory (pre Trial)

Legal Issues

  1. 1 Whether the Megamos Crypto algorithm is confidential information subject to protection
  2. 2 Whether the defendants' acquisition and intended publication of the algorithm constitutes misuse of confidential information
  3. 3 Whether the balance of public interest favours restraining publication

Ratio Decidendi

The claimants have a sufficiently strong case that the Megamos Crypto algorithm was obtained from a source with a murky and likely illegitimate origin, and the defendants were or ought to have been aware of this. The balance of interests, including the risk to the security of millions of cars, justifies an interim injunction restraining publication of the algorithm and the attack based on it, pending trial. The merits are not overwhelming but are strong enough to justify interference with academic freedom and freedom of expression at this stage.

Court Disposition

Interim injunction granted (with limited exception)

Orders

  • Defendants restrained from publishing the Megamos Crypto algorithm and the attack based on its weakness, pending trial, except for one specific redaction on p.6 of the paper which may be subject to further determination if parties cannot agree.