HT-2021-000363 - [2025] EWHC 532 (TCC)

Fecha: 10-Mar-2025

Section V - Alleged breaches of the ICA

Section V - Alleged breaches of the ICA

273.

The pleaded case is that, in breach of the ICA, Winsopia used the IBM mainframe software, or permitted it to be used for the purpose of development of the SDM and/or otherwise reverse engineered parts of the IBM mainframe software. The particulars of the technical breaches served on 18 August 2023 set out examples of the alleged breaches under the following categories:

reverse engineering of the IBM mainframe software by disassembly, decompilation and translation;

ii)

reverse engineering through the systematic creation and analysis of compiler listings;

iii)

reverse engineering through the systematic use of traces, dumps, slip traps, packet sniffing and other debugging tools/techniques;

iv)

copying IBM source code, macro expansions and copybooks;

transferring “unscrubbed” and/or partially “scrubbed” materials containing IBM Mainframe Software;

vi)

further use outside Enterprise and use beyond the Designated Machine.