If Entrepreneur in USA makes Indian developer sign non-compete agreement, and Indian developer sells code to Entrepreneur in Brazil. How does USA entrepreneur proceed with limited funds?
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Some corollary questions: 1. Does USA entrepreneur make non-compete and non-disclosure agreement enforceable in India or in USA? 2. I don't have enough money to sue. How to deal with this micro issue? What less expensive, or do it yourself options are there?
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Answer:
No money to sue? Then threaten to sue India. Threaten to sue Brazil. Hope one of them is dumber than you.
John Gibson at Quora Visit the source
Other answers
Based on the poor English this is obviously the Indian or Brazilian asking how to get away with violating a contract.
Anonymous
Realistically, there probably isn't a lot you can do in the US. The obvious choice is to sue in the U.S. You could do this on your own (if its a small amt, you could even sue in small claims court). Depending on certain details, an American court probably has jurisdiction over the programmer, assuming he does certain things (like advertise in the United States). Here are some problems you are going to face: 1) The law regarding service of court papers is specfic. How are you going to get the court documents to the programmer according to those rules while he is in India? That process alone could cost you a fair amount of money (think a few hundred dollars). 2) Assume you win, how are you going to collect? He probably won't send you a check. He probably doesn't have any assets in the U.S which you could seize. So whats the point? You definitely dont want to try to enforce your American judgment in India (that process is going to be really expensive - you will have to hire an attorney in India, and you might have to travel there) Another option you might have is to sue the Brazilian company. Your cause of action against it would be intentional interefence with a business relationship. I dont know anything about your case, or the facts, so I cant say whether that would be a good option. But that cause of action is something you would certainly need an attorney to pull off. You might find an attorney willing to work on contingency if the Brazilian company is profiting substantially from your code.
Neil Aggarwal
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