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Oregon Intellectual Property Blog

Oregon Intellectual Property Blog

Tag Archives: Computer Fraud and Abuse Act

Bio-energy facility accused of stealing and modifying software written in “German-lish” relic code

01 Friday Jul 2016

Posted by Kenan Farrell in Copyright, District of Oregon, Intellectual Property, Litigation, Oregon

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Tags

Ann L. Aiken, Breach of Contract, Breach of Duty of Good Faith and Fair Dealing, Circumvention of Copyright Protection Systems, Computer Fraud and Abuse Act, Conversion, Copyright Infringement of the Software Program and Design Documents, Misappropriation of Trade Secrets, Quantum Meruit

The Plaintiff is an Austrian bank enforcing the claims of an insolvent Austrian company, Entec, that designed and built a bio-energy facility in Junction City, Oregon. Successful operation of the facility relied on some proprietary software, which in turn required a paid license. This dispute arises out of, among other things, the facility’s failure to pay the license fee. There is also an allegation that the software was illegally accessed and modified, perhaps to make the software operate with payment or to make it more functional.

The Defendants, the facility and a consultant firm, are accused of failure to pay for the installation of a software program, making unauthorized modifications to the software program, and ongoing use of the software program without a paid license.

The software code is described in the Exhibits as “written in German-lish [sic] and in a manner to intentionally create dependency and with a multitude of relic code.”

Screen Shot 2016-07-01 at 8.38.36 AM

Sparkasse Bregenz Bank, AG v. JC-Biomethane, LLC et al

Court Case Number: 6:16-cv-01199-AA
File Date: Thursday, June 23, 2016
Plaintiff: Sparkasse Bregenz Bank, AG
Plaintiff Counsel: Darien S. Loiselle, Stephanie Holberg of Schwabe, Williamson & Wyatt, P.C.
Defendant: JC-Biomethane, LLC; Essential Consulting Oregon LLC; Dean Foor
Cause: Copyright Infringement of the Software Program and Design Documents, Circumvention of Copyright Protection Systems, Computer Fraud and Abuse Act, Misappropriation of Trade Secrets, Conversion, Breach of Contract, Quantum Meruit, Breach of Duty of Good Faith and Fair Dealing
Court: District of Oregon
Judge: Ann L. Aiken

Complaint:

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Exhibits:

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Oregon Trademark Litigation Update – Peace for Paul Foundation v. Andrew Young

18 Friday May 2012

Posted by Kenan Farrell in District of Oregon, Intellectual Property, Litigation, Oregon, Trademark

≈ 2 Comments

Tags

Anti-Cybersquatting Protection Act, Computer Fraud and Abuse Act, Defamation, Intentional Interference with Economic Relations, Paul Papak, Trademark Infringement

Peace for Paul Foundation, Inc. v. Mr. Andrew Young

Court Case Number:    3:12-cv-00887-PK
File Date:    Thursday, May 17, 2012
Plaintiff:     Peace for Paul Foundation, Inc.
Plaintiff Counsel:     David L. Silverman – Attorney at Law
Defendant:     Mr. Andrew Young
Cause:    Computer Fraud and Abuse Act, Anti-Cybersquatting Protection Act, Trademark Infringement, Defamation, Intentional Interference with Economic Relations
Court:    Oregon District Court
Judge:     Magistrate Judge Paul Papak

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