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by dctoedt 1114 days ago
For litigation use, even semi-regularly keeping a daily log can help to show independent development. That can help defeat claims of misappropriation of another party's trade secrets and/or infringing copying of another party's copyrighted material.

I mean, whom are you more likely to believe:

1) someone who — when being sued — said, oh, no, we didn't steal your technology, we developed this independently, or

2) someone who said the same thing and also had at least some contemporaneous documentation to corroborate the assertion?

(Incidentally, this is one of those areas where perfect is the enemy of good enough.)

2 comments

Not a lawyer, but a podcast I used to follow did a "Bar Exam Question of the Week". One of the questions had to do with frequent business records being an exemption to hearsay. By that question, I'd say this would be the exact purpose of this kind of record keeping. Though, I don't think it has to be daily, just some constant interval.
Have you heard of this thing called Git?
We are commenting on a thread about a tool that uses git!
In case it wasn't clear, I was pointing out how silly it is wasting time recording your development efforts in case of lawsuits when you already have a comprehensive record in Git.
> Have you heard of this thing called Git?

Hmm. Git ... Git ... Let me see: As in, git along, little dogie? Or you stupid git? Or the village in Iran?

(Yes, I'm familiar with Git; its commit records could help corroborate development, too.)