SAFE Corporation's BitMatch Used in
Winning Preliminary Injunction for Splitfish AG
CUPERTINO, CA (August 24, 2010) - Software
Analysis & Forensic Engineering Corporation,
the leading provider of forensic software tools for
software copyright and trade secret analysis, announced
the successful use of CodeSuite® BitMatch® to
win a preliminary injunction for Splitfish AG in the
United States District Court for the Eastern District
of Virginia, case number 1:10cv297.
In the opinion,
Judge, T.S. Ellis, III writes, "[A] plaintiff now
must separately meet four requirements, and the failure
to satisfy any of the four means that a preliminary
injunction may not issue. The four requirements are:
i. "a clear showing that [the plaintiff] will
likely succeed on the merits at trial";
ii. "a clear showing that [the plaintiff] is
likely to be irreparably harmed absent preliminary
relief;
iii. that "the balance of equities tips in [the
plaintiffs] favor"; and
iv. consideration of "the public consequences
in employing the extraordinary remedy of injunction"
favors granting preliminary injunctive relief."
CodeSuite was used to compare the source code of the
Splitfish FragFX product with the compiled code from
defendant Bannco. The analysis results were key to satisfying
the first of these four elements. The results presented
by expert witness and founder of SAFE Robert Zeidman,
as paraphrased in the opinion state, "Zeidman's
examination revealed at least a dozen instances in which
the similarities in the object code could not be explained
by commonality of authorship alone. In other words,
in at least a dozen places, the identity of the object
code in the two products' driver and firmware software
indicated that the only possible cause of similarity
was that defendants' code was copied from plaintiffs'
code."
Peter Ruf, Head of Sales for Splitfish, stated, "When
we realized our software was being used against us in
the market, we researched how we would prove our suspicions
and found SAFE Corporation's forensic analysis software,
CodeSuite. As it turned out, the forensic analysis was
a key element to our winning this preliminary injunction."
About SAFE Corporation
SAFE Corporation is the leading provider of software
forensic analysis tools for discovering IP theft, measuring
software IP changes, and measuring software source code
and object code correlation. CodeSuite has been used
in trials involving copyright infringement and trade
secret theft.
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