Developed a New Algorithm - Defamation?

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Peter6

Well-Known Member
4 June 2015
59
0
196
Tracy,
Regarding to defamation, the other person is the CEO of the company. He is on the list to emails when the person made the false statement about my solutions..
 

Tracy B

Well-Known Member
24 December 2014
435
72
789
Australia
The company said that their management team made the decision to not use my algorithms based on that my solutions are not practical during the verification. and they also use this an as an reason and said that it is impossible for them to reverse engineering my solutions. This is a false statement.

Do you have proof that this is false (i.e. your algorithm is practical)? Further, this may be a professional opinion (albeit incorrect), rather than alleging a fact. The former is not a defamatory statement. The latter is. That is your first issue. Your second issue is whether they disclosed it to anybody. The management team may be seen as "one body". There is no defamation if they have not publicised the information to anyone. The reason is, your reputation cannot be damaged, or risk being damaged, if the statement was not disclosed to a third person.

Do I have the right to ask for an explanation on what is wrong with my solutions?

This depends on the agreement between you and the company. It is very difficult if you did not sign any agreement. However, verbal assurances, email correspondence, anything written down that notes the verification agreement is helpful. What was the understanding between you and the company? It also depends on whether this company is in the business of proving commercialisation verification, are they? If not, why did you send it to them in the first place?

If they refuse to response, can it be forced by law? or can I complain it to any professional organisation?

If the company is governed by a professional body (e.g. Australian Computer Society), you are free to complain to them about the service you received. Whether you ca sue for the service received at law depends on the same as the previous question, this is: (1) What is in your agreement, or what did you agree on? (2) Do they offer this commercialisation verification in their course of business? (3) Did you send them the algorithm within a commercial/business context or a private context?
 

Peter6

Well-Known Member
4 June 2015
59
0
196
Tracy, we are in a non written agreement to commercialize my algorithms by this company. The verification is make sure my algorithm works and do better than current algorithms in the market including its own algorithms.

The statement can be approved to be false statement by many ways.
1) The solutions meet the industrial standards (what should be provided). and can be checked by expert in the field to see if it works.

2) There are 3 stages during the verification and it last a year long, moving forward from stage 1 to stage 2, moving forward from stage 2 to stage 3 can happen only when the company were happy with the solutions provided in each stage. The company checked the a few simple demonstration projects in stage 1 and was happy about the solutions, based on the solutions from stage 1 we move to stage 2, the company invited their expert in the field from Canada and had meeting with me to undertake further testing. The company tried to deny this happened, they argue that my solutions was failed in stage 1 and they did not see any values from my work and the exploratory talks lapsed.

For defamation, after I raised the issue in this year, there are 4 persons on the list for discussion about the dispute. That person who made the statement, the CEO and a legal counsel and myself. That was the first time he made the statement about my solutions. I did not received any negative feedback from the company during the verification.


"This depends on the agreement between you and the company. It is very difficult if you did not sign any agreement. However, verbal assurances, email correspondence, anything written down that notes the verification agreement is helpful. What was the understanding between you and the company? It also depends on whether this company is in the business of proving commercialisation verification,are they? If not, why did you send it to them in the first place?"

we are in a non written agreement to commercialize my algorithms by this company. This can be approved by emails. The verification is make sure my algorithm works and do better than current algorithms in the market including its own algorithms. During the verification, what I get from them is "it is a very smart algorithm" and I have not received any negative comments form them. We are in a field, the solutions provided too much information about the algorithms, it is quite easy to undertake reverse engineering to find out confidential information.
 

Peter6

Well-Known Member
4 June 2015
59
0
196
Extra information. I am working on the emails I have exchanged with the company for legal action, I found that I did mention that the documentation I sent to them was mentioned in the emails as confidential and I also mentioned on the phone with them that the files I sent to them are confidential and they should deleted after no progress with the commercialization. The company sent me an email to confirm that all the files they received are deleted and it was copied to the manager who is in charge for this verification. I guess the company has passed to files to others in the company, but I don't have evidence at hand. Not sure what can be done.
 

Tracy B

Well-Known Member
24 December 2014
435
72
789
Australia
Peter,

1. If there is no written agreement, then what was verbally agreed? If it was agreed verbally that you would receive feedback and explanation for why your algorithm does not work, AND you can prove this was what was agreed verbally, then you are entitled to the explanation. If not, you are not entitled to an explanation.

2. From what you have written, there does not appear to be a defamation case. For two reasons. One, you have no evidence that the company passed the "defaming statement" along to any "public person". Legal counsel, and CEO does not count as outsiders. Second, the statement alleged to be defamatory could easily be argued as an opinion. They may have come to that conclusion on reasonable grounds.

As for IP actions:

1. If they directly copied and pasted parts of your algorithm into their company program, then you may have an action in copyright.

2. If they did not, but only copied your solution (i.e. idea), and you did not patent this solution, then you do not have a strong case in IP infringement.

However, nothing beats a professional opinion from an experienced IP lawyer. Contact an IP lawyer.
 

Peter6

Well-Known Member
4 June 2015
59
0
196
Tracy,

1) We did not sign any agreement. but we certainly agree (verbally ) on that we were conducting verification of my solutions for commercialization with the company. and they will provide me feedback on if my solutions have problems. The company never said any negative comments on the solutions during the time of verification. Now they said the solutions are not practical, but refuse to explain what are wrong with the solutions to make it not practical. They also use this as excuse to argue that they did not reverse engineering my solutions because there are not a working solutions exists. My question is: if you are entitled to the explanation, the company refuse to do it, what can I get it by going to court?

2) regarding to the second case, if the solution is practical by industrial standard, it is practical, If you argue about it against industrial standard, and say you just have a different opinion on it and you have to provide reasons to convince people. I am quite sure, they made false statement on this.
 

Tracy B

Well-Known Member
24 December 2014
435
72
789
Australia
Hi Peter,

if you are entitled to the explanation, the company refuse to do it, what can I get it by going to court?

This is a contract issue. Even though you did not sign a written document, a verbal agreement counts as a contract. If you and the company (verbally) agreed that the company would provide you an explanation, then you will need to show (1) it was agreed at the beginning that the company would provide you with an explanation/feedback; (2) how much explanation/feedback did they agree to provide you; (3) that you paid them, or offered something of value in consideration for the feedback or commercialisation verification service; and (4) they did not meet there obligations under the verbal agreement.

Therefore, the question is: can you show these points? if you can, then the court can either order that they provide you with the feedback, or they compensate you for the contract breach (most likely by ordering they return the consideration back to you).

I am quite sure, they made false statement on this.

If they did not publish this to any third party or public person, then there was no disclosure of false information (if we assume the information is false). Therefore, there is no defamation case. It would be extremely difficult to argue that cc'ing the email (and therefore, the statement) to the CEO and their legal counsel constitutes "publishing" the statement.

Notwithstanding, if you believe you have a case and would like to pursue it, then speak with a Defamation/IP Lawyer.