copyright theft question

[barrymcdonald1966]

Re: copyright theft question

Is your housemate being represented at the tribunal or is she doing it herself ? I think it would be wise for you to be asked to submit a witness statement to the tribunal ( hearsay maybe if you can't attend ) but I think that would be more useful to her than trying to have the print outs removed from evidence.

I can't find any caselaw directly on the matter in this country - one case in Sweden which supports partially your view ( in that the court ruled they should have requested permission or asked court for an order before including it as evidence - and thus awarded damages to the copyright holder - but still allowed the evidence ) - but that is Sweden.

HI

thanks for your reply, yes she does have representation its been done on a no win no fee case so they think she has a pretty strong case. I am going to be a witness at the hearing at which time I will be able to mention to the judge that the evidence they are going/have presented has been obtained without the copyright holders consent.

I see the previous comment where it may harm her case if I ask for it to be withdrawn prior.. maybe I wil allow it as evidence and then point out that I havnt given my permission for its use later on at the tribunal

honestly I cant believe half of the things they are saying or the amount of evidence they are fabricating, especially as we have original documents!

hopefully when they realise we have the orignals they will settle out of court rather than risk being fined and/or in trouble for falsify evidence/perjury

[Amethyst]

Re: copyright theft question

Ok that's good. I think personally you allow it to be submitted and counter it in court - you can state that they didn't investigate, you received no enquiry off the employer, and they have not contacted you to verify the information or ask permission to use it. Presumably in her disciplinary meetings she denied she worked for you. Have you spoken to her solicitors at all about the issue with the copyright? Personally I'd say the more evidence of theirs they have submitted that your side can show to be unreliable the better.

[barrymcdonald1966]

Re: copyright theft question

thanks for the advice,the copyright has been mentioned to her solictor but they havnt really said much about it although a seperate copyright solictor I spoke to said I do have a case its just a matter of paying the fee and sending in the n1 form which I will do after the tribunal.

She has always denied working for me because she never has worked for me so we shouldnt have any problems. I am still shocked about the way in which they are trying to defend the claim its pretty outrageous to be honest and i hope the judge can see through it all

[Amethyst]

Re: copyright theft question

Judges are pretty astute ( most of the time).

I'm really not in agreement with the copyright solicitor with regards making a claim I'm afraid... but then I'm not a copyright solicitor.

This is the relevant CPR https://www.justice.gov.uk/courts/pr...l/rules/part63