Hacker News new | ask | show | jobs
by mikeshreds 3928 days ago
The filing is public, and referred to in the lawsuit. I'll summarize here:

Smule has claimed we violated non-solicitation provision in our contract by recruiting each other to start a startup; that we appropriated Smule's code or methods to build Shred Video (though they don't make any specific trade secret claims); That Mark is guilty of fraud in his consulting relationship w/ Smule's engineers (this is detailed our post); and We converted Smule's proprietary information into Shred Video (far as I understand, conversion is a fancy word for "stealing").

The "non-solicitation" claim is laughable, especially in California. The fraud claim is fraudulent itself, as the email record clearly shows Smule itself asked for Mark's help, and he was wholly transparent in the way he provided that help. Everything else comes down to whether we used Smule's proprietary code or methods.

When Smith says "I'm fairly confident we will figure something out eventually...unfortunately...with a bunch of lawyers," seems a reasonable interpretation that "a bunch of lawyers" is code for legal threats, and "figure something out" is code for us paying him (in equity or otherwise) to withdraw the legal threat.

2 comments

> The fraud claim is fraudulent itself...

I don't even think you realize what you're saying at this point.

I empathize with you. I really do. For what it's worth, years ago, I had to fight to regain control of a company I had started that was "stolen" by a former business partner. I was a twenty-something with very little money in the bank and my counsel was a local attorney. I sued a multi-millionaire represented by one of the top 5 law firms in the world. I was able to get what I wanted largely because my attorney gave me good advice and I listened to it.

I'm sure this is an emotional time for you but I would strongly recommend that you retain an attorney you trust before you do or write anything else.

Thank you for the clarification. That's helpful, having not had time to find and read the filing.

It would be helpful if you could link to the filing, for those of us interested to read it. I regularly read them when the case is interesting (e.g., Oracle v. Google). If the documents are public domain (with no public link), then presumably you could host them for sharing as well.