Telecommunications software and hardware solutions provider Technical Information Systems (TIS) is taking on Telkom and Marconi Communications to the tune of R35 million.
TIS is taking the two companies back to the dock to answer a damages claim filed last week. The claim follows legal action two years ago, where Telkom and Marconi were found guilty of copyright infringement.
According to TIS founder and owner Tim Hammerich, Ericsson-owned Marconi reverse engineered TIS software and Telkom distributed the software freely from its Web site. “They distributed our software to 22 000 customers for free, where we charge our customers for the software,” he says.
Hammerich says the company will also be claiming part of the legal fees from the last case that have not yet been paid. “We don't mind them competing with us, we do mind that they are competing against us with our own software,” he explains.
TIS has been in the software business for 20 years this year, and employs around 18 people. “The company needs to claim the damages for what we would have sold. They removed our licence agreement, changed the version numbers and took out our name. Then they gave our software away.”
In March 2006, the Witwatersrand High Court ruled that Telkom and Marconi stop infringing copyright and not reverse-engineer, or directly or indirectly distribute the software. It also ordered costs in TIS's favour.
Telkom defends
Telkom legal services group executive Anton Klopper has confirmed that the company was served a summons. However, he is adamant the company is innocent of the charges.
TIS had an agreement in place with Marconi that allowed the telecoms company to supply a telephone management system, Man3000, to Telkom, which then supplied it to end-users. However, the agreement ended in March 2005 and was not renewed.
The system, sold under the name Teltrace Soho System, has a software interface component and a hardware component - known as a buffer box - that interfaces with a company's PABX system to collect data.
According to Klopper, Telkom has an agreement with Marconi which protects it from the action by TIS. “Telkom bought a solution from Marconi. In terms of the supplier agreement, Marconi indemnified Telkom in respect of any intellectual property infringements and/or claims in this regard,” he says.
He confirmed that Telkom would be defending the matter alongside Marconi. Marconi was unreachable at the time of going to print.
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