DigArts Software Wins Suit Against Corel.SACRAMENTO, Calif.--(BUSINESS WIRE)--Nov. 16, 1999-- A federal jury has found Corel Corporation (company) Corel Corporation - A software publisher best known for the CorelDraw application. Founded in June 1985 by Dr. Michael Cowpland, Corel Corporation was originally a systems integration company. liable for the misuse of DigArts Software's digital art. The jury also found DigArts eligible for punitive damages Monetary compensation awarded to an injured party that goes beyond that which is necessary to compensate the individual for losses and that is intended to punish the wrongdoer. , by virtue of their finding that Corel acted with oppression, malice or fraud. However, based on his pretrial pre·tri·al n. A proceeding held before an official trial, especially to clarify points of law and facts. adj. 1. Of or relating to a pretrial. 2. rulings, Chief Magistrate Chief Magistrate is a generic designation for a public official whose office -- individual or collegial -- is the highest in his or her class, in either of the fundamental meanings of Magistrate (which often overlapped in the Ancien régime): as a major political and administrative Judge Gregory G. Hollows is expected to strike the punitive damages award allowing a federal appeals court to decide if Corel's actions warrant punitive damages based on contract law. "I'm glad the jury recognized that Corel improperly used my works in creating its successful software products. This was truly a David versus Goliath case and it's great vindication to be able to say that David won," said DigArts' owner, Dennis Berkla, upon hearing the jury's verdict. Berkla, who founded DigArts in 1994, sued Corel in January 1998 after discovering that Corel used his confidential digital artwork in the development of its well-known CorelDRAW 8 and PHOTO-PAINT 8 computer drawing programs. Berkla provided Corel with a pre-release version of his Garden Hose 1.5 product in April 1997, after Corel signed a nondisclosure agreement. In early May 1997, Corel told Berkla that it had rejected a licensing arrangement. However, Berkla later learned that Corel had made copies of his product and disseminated them to staff who were assigned the task of making similar works for CorelDRAW 8 and PHOTO-PAINT 8. Corel also sent exact copies of Berkla's image databases in beta versions of these products. During trial, held in federal court in Sacramento, jurors found that Corel breached the nondisclosure agreement by utilizing the confidential artwork submitted by Berkla in violation of the terms of the nondisclosure agreement. The jury also found that Corel violated California tort law A body of rights, obligations, and remedies that is applied by courts in civil proceedings to provide relief for persons who have suffered harm from the wrongful acts of others. by breaching Berkla's confidence. Corel admitted that it had infringed Berkla's copyright. "This verdict comes after nearly two years of hard-fought litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. ," Berkla said. "I prevailed for two reasons; because the evidence proved my claims were justified and because I was able to find a law firm willing to represent me against a corporation the size of Corel. Without the help of California Lawyers for the Arts, as well as Orrick, Herrington & Sutcliffe, this case would have never made it to trial." California Lawyers for the Arts is a nonprofit organization Nonprofit Organization An association that is given tax-free status. Donations to a non-profit organization are often tax deductible as well. Notes: Examples of non-profit organizations are charities, hospitals and schools. based in San Francisco San Francisco (săn frănsĭs`kō), city (1990 pop. 723,959), coextensive with San Francisco co., W Calif., on the tip of a peninsula between the Pacific Ocean and San Francisco Bay, which are connected by the strait known as the Golden . Information on DigArts' products is available at http://www.gardenhose.com. |
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