Fraud guy - illegally using my script, what can I do?

Hi,

I sold a ready made script to a guy for a single domain. he did not pay me.

I told him if he don't give my money then I shall take legal action. so he is using the same script on other domain and trying to sale the same script to others with a bit changing of the graphics.

I am a freelancer, I am using all the open source softwares to develop sites.

I am not disclosing his any personal info. I want to go in such a way so that he can't sell my script.

I am from India, he is from Oman but right now in India.

how can I proceed? please suggest.

Thanks in advance.
Samser

I may not be the best person to help you since I have no legal experiance. However in what medium did you allow this person to access your script? Did you give him some link on the internet to download a zip file or you just sent it to him by email? Or you told him to copy and paste it from your site? If you gave it to him as a package, did you include any form of licence .. like Microsoft EULA?

In the book I am reading at the moment it says that anythings is copywrited from the moment you create it. So basically the script is under your copywrite! however can you prove that? (For example did he send you an email to confirm he is going to buy it from you?)

Regards,
Sim085

Thanks sim085!

yes, he had sent lots of mails plus I made chat through gmail and all the conversations are also available.

yes, on each and every page I put a notice as given below:



Could you please give me the name of the book on which you have come to know that anythings are copywrited from the moment we create it.

Kind Regards,

oh.. he is uploading new unrelated materials everyday after I tellng him that I shall take legal action.

But I know the domain name also where he is using my actual script. even he has bought a domain for his portfolio where he is displaying that he has developed this site.

Best to consult a lawyer mate.

Reasons:
1. Copyright laws vary from country to country. However, I do believe the law about copyrights staying with the owner at the moment of creation is pretty much applicable in most countries.

2. Licensing deals: You've just said that you sold a ready-made script to this person. What script is this and did you write it completely by yourself or did you use a GPLd script from someone else with some modifications.

3. Terms of the licence: When you sold the script to this other person, did the terms of your licence prohibit resale or not?

Just out of curiosity, would you mind PMing me this other person's site.

Moved from the Lounge to Business Help in the hopes that you will receive more thorough and appropriate advice about legal/licensing issues.

I have developed using php,mysql and javascript. I have used FCKEditor also for CMS but have their own copyright info as they should. This is a web portal.



I told him not to sale, so I put the info as I have given on previous message.

Kind Regards,

International Copyright Law. Now: prove it. Thats why filing is important.

You might also send a cease and desist letter to the hosting company / data center. This sometimes will work as well.

You should always get a deposit before giving out any code. What does your contract say about all of this?

Communicate with one of the Internet Litigators. This can bring you the best solution you are looking for. But make sure that you are going in the right track. Don't waste your money in a wrong way. Law is there to help you out.

Yes, I am still in confusion, not being able to see any ray of hope. That guy has already started marketing, I don't have too much fund so that I can afford it.

I am really frustrated by seeing that when I am not using any body's work illegally, where others are using my script without any notice.

I could upload his all details including his photo

Some of friends are saying that if I go for any legal action then ultimately may be I can end up by losing time and money.

please note he is not an Indian