Visusoft Ltd -v- Harris & Anor [2009] IEHC 543 (27 November 2009)

Visusoft Ltd -v- Harris & Anor [2009] IEHC 543 (27 November 2009)

Although Harris retained and copied elements of Datapos, the Court was not satisfied that the copied elements constituted a substantial part of Risc 7. However, Harris breached his contractual obligations by retaining and failing to disclose possession of Datapos source code, contrary to his undertakings to Visusoft.

Citation
[2009] IEHC 543
Parties
Plaintiff: Visusoft Ltd; Defendant: Robert Harris; Defendant: ARH Software Solutions Ltd.
Jurisdiction
Ireland
Judgment Date
27 November 2009
Procedural Posture
Civil / Judgment
Outcome
Harris found in breach of contract; no finding of substantial copyright infringement in Risc 7; damages to be addressed in further hearing.
Legal Topics
Copyright Infringement, Computer Software, Employment Agreements, Breach of Contract
Intellectual Property Contract Copyright Infringement Computer Software Employment Agreements Breach of Contract

Case Brief

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Parties

Visusoft Ltd

Plaintiff

Robert Harris

Defendant

ARH Software Solutions Ltd.

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether Robert Harris infringed Visusoft's copyright in the Datapos software by copying substantial parts into Risc 7
  2. 2 Whether Harris breached contractual agreements with Visusoft regarding intellectual property and source code retention

Ratio Decidendi

Although Harris retained and copied elements of Datapos, the Court was not satisfied that the copied elements constituted a substantial part of Risc 7. However, Harris breached his contractual obligations by retaining and failing to disclose possession of Datapos source code, contrary to his undertakings to Visusoft.

Court Disposition

Harris found in breach of contract; no finding of substantial copyright infringement in Risc 7; damages to be addressed in further hearing.

Orders

  • Court will hear parties regarding damages arising from breach of agreement.