Volkswagen Aktiengesellschaft v Garcia & Ors [2013] EWHC 1832 (Ch) (25 June 2013)

Volkswagen Aktiengesellschaft v Garcia & Ors [2013] EWHC 1832 (Ch) (25 June 2013)

The claimants are likely to establish at trial that the Megamos Crypto algorithm is confidential information, that the defendants acquired it from a source with an obviously illegitimate origin (Tango Programmer), and that publication would be a misuse of confidence. The balance of interests, including the risk to car security, justifies an interim injunction restraining publication of the algorithm and related attack details, pending trial, notwithstanding the defendants' Article 10 rights.

Citation
[2013] EWHC 1832 (Ch)
Parties
Claimant: Volkswagen Aktiengesellschaft; Defendant: Flavio D. Garcia; Defendant: University of Birmingham; Defendant: Roel Verdult; Defendant: Baris Ege; Defendant: Stichting Katholieke Universiteit
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
Interim Injunctions, Misuse of Confidential Information, Freedom of Expression (article 10 Echr), Academic Freedom, Reverse Engineering, Responsible Disclosure
Intellectual Property Confidential Information Human Rights Interim Injunctions Misuse of Confidential Information Freedom of Expression (article 10 Echr) Academic Freedom Reverse Engineering +1 more

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Parties

Volkswagen Aktiengesellschaft

Claimant

Flavio D. Garcia

Defendant

University of Birmingham

Defendant

Roel Verdult

Defendant

Baris Ege

Defendant

Stichting Katholieke Universiteit

Defendant

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 an interim injunction restraining publication is justified under s.12(3) Human Rights Act 1998, balancing Article 10 rights and the claimant's interests

Ratio Decidendi

The claimants are likely to establish at trial that the Megamos Crypto algorithm is confidential information, that the defendants acquired it from a source with an obviously illegitimate origin (Tango Programmer), and that publication would be a misuse of confidence. The balance of interests, including the risk to car security, justifies an interim injunction restraining publication of the algorithm and related attack details, pending trial, notwithstanding the defendants' Article 10 rights.

Court Disposition

Interim injunction granted (with limited exception)

Orders

  • Defendants restrained from publishing the Megamos Crypto algorithm and attack details based on its intrinsic weaknesses, pending trial, except for certain text on p.6 of the paper (subject to further agreement or court decision on redactions).