The counterclaim
25.MD5 pleaded a counterclaim in three parts. First, Mr Penhallurick was in breach of the 2011 Employment Agreement by failing to maintain full and correct versions of the VFC source code and failing to provide the source code to MD5. This was not pursued at trial. 26.27.Thirdly, Mr Penhallurick was in breach of the 2016 Agreement by failing to provide updates to the VFC software and support work in relation to the software after he left MD5’s employment.
- Introduction
- The development of VFC
- The Works
- The Agreements
- Estoppel
- The counterclaim
- The witnesses
- Evidence about the First and Second Works
- Ownership of works created in the course of employment – the law
- The November 2008 Agreement
- The User Guide
- Section 104 of the 1988 Act
- The 2016 Agreement
- Version 3 VFC source code supplied to MD5 by Mr Penhallurick.