Someone wants to sue me for damages/contract breach
This is a discussion on Someone wants to sue me for damages/contract breach within the Business Contracts & Partnerships forum, part of the BUSINESS & FINANCE LAW category; Hello, I'll call myself Tristan here for the ease but I'll note it's not my name as I don't want ...
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#1 |
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Junior Member
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Hello, I'll call myself Tristan here for the ease but I'll note it's not my name as I don't want to end up in google searches under my true name or common internet names.
I'm a resident of the Netherlands (my apologies for the grammar/spelling/sentences) and a bunch of months ago I joined a group of online friends to start the development of games. One of these persons registered a company name in Utah with the intention to use it to publish the software involved. Before 'joining' you were asked not to share any info outside the group and that you would get a share when we would start making money. This all only happened over an instant messenger. Later on when one member left the group, the team lead a set of guidelines were put up in a pdf file that asked not to share materials (files) or to talk with former members amongst a few other things. As with many software endeavours, especially online ones, the development of one game had a few big slowdowns and on another one I was wondering if to leave the group as I could not see any fiture. I talked it over with some other members and they had a similar thought, but were just like me on the edge of whether or not to do it. I literally flipped a coin and decided to leave. Quite a bunch of the team had the same mind and those left the same environment. We started on our own game idea and for a few weeks that went without a trouble. Today I got an email that he threatens to sue me, amongst a photo himself with a flipped finger, one from my facebook with my sister, (always fun with a public facebook profile ) and some note from his doctor (I guess he assumes I left as I thought he was lying about an injury that prevented him from working). Again in the light of google's caching I'll summarise the important parts:He wants to sue me for talking other people into leaving his endeavour, which caused damage to his company and himself, that he will be pressing charges and that any people hired to replace them will have to be compensated by me. He says that anyone did not show any signs of leaving until I spoke to them. That everything falls quite within damages according the US law and that he will be looking for restitution for those damages. He also states that as we started with a new game that the concept for this was already present before we left and that it shows more signs of the intention of leaving. He's willing to settle this outside the court system out the respect of friendship that we used to have. (Forgive the grammar as the email involved said it a whole lot better, but I wish not to share this is plain view) A few notes: almost all members involved are still helping the team lead involved (Which is why the 'damages' are a bit strange), any assumptions that are made that it was pre-thought do this are untrue and along that we have never received any money, never signed anything, emailed anything or etc. My personal involvement was to check out the 'marketing' part of the game, figuring out a price for the software, checking how the mobile market evolved and anything else software wise if I would manage to learn to use this. My question is, aside from the random stalking this person is known to do, can he legally do anything at all to me? Normally I would just ignore these things but I would love to put my mind at rest that he cannot really do anything. To any clauses he put randomly on the web for us to read after one member left before, in the Netherlands this cannot be used in court when you haven't signed it on a paper. I am even wondering if he can truly do anything if he's at the other end of the world. If anyone knows any paid advice that would help, I would gladly hear. I can't be bothered to have this person harassing me while I have my study, work and other occupations bothering me enough. -edit- I've stated contract breach but the person involved didn't state this, I just put it in as I wonder if there's even a binding contract. Thank you, Tristan Last edited by Tristan; Jul 22nd, 2012 at 07:06 PM. Reason: extra info about title |
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#2 |
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Top Level Member
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First, your English is better than that of many for whom it is their primary language!
Absent a signed non-compete agreement (which still wouldn't be rock solid) he has nothing. I'm sure the others who left had their own reasons for moving on. He may continue to try and harass you but otherwise you aren't on the hook for anything. It seems he's mad his group fell apart and he's taking it out on you. |
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#4 |
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Top Level Member
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Location: Florida
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All of what he threatens may be just idle threats. Theft of business ideas and prosyltyzing are actionable. But he would have to prove that (1) he is the one who had the business ideas, built it by himself, (2) and that the others were not dissatisfied with him or his leadership and it was only by your phenomenal powers of persuasion and inducements that you were able to lure them away.
Pffffft! Is most likely the response you will get from an intellectual property/contract lawyer. Your waiting until he follows through on his threats is wise. |
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) and some note from his doctor (I guess he assumes I left as I thought he was lying about an injury that prevented him from working). Again in the light of google's caching I'll summarise the important parts:

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