Prism has won its court action against 11 of its former employees, obtaining an interim interdict prohibiting them from selling technology based on software developed and copyrighted by Prism.
The order, which was handed down yesterday in the Witwatersrand High Court, prohibits Johan Liversage, MD of Lanitor, and 10 employees from marketing or selling software copied or adapted from Prism`s AirComm or AirTrax GSM middleware products.
According to the acting attorney, Gavin Marriott of John & Kernick, Prism sought relief on copyright infringement, breach of employment, restraint of trade and unlawful competition. The judge found in Prism`s favour on all counts.
Consequently, all the respondents` copies of products based on AirComm and AirTrax have to be handed over to the sheriff of the court.
In addition, Liversage has been ordered to comply with a restraint of trade agreement. The court forbade Liversage from soliciting any business from companies which were Prism customers at the time he was employed by Prism.
He is also prevented from conducting business in SA in competition with Prism with regard to research and development, marketing, sale and support of GSM middleware software.
Prism will follow through with the interdict and final relief will be sought by the company, although Marriott says any kind of conclusion will probably only be reached late next year.
According to Duncan Todd, Prism`s director of corporate strategy, the decision to institute action against Liversage and company was taken as a matter of principle rather than an effort to recoup any money lost.
"It was a matter of principle for us; we take these sort of things very seriously. While they never really posed a threat to our business, we have to show that we are prepared to protect our intellectual property - the money we will win on this is immaterial," explains Todd.
While no precedent was set by the case, Marriott says it was a worthy win for Prism as the judge had to understand the technology and the coding before he could rule on the copyright issue.
Todd says Prism is pleased with the ruling and is continuing with its attitude of business as usual.
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