State V. Kirby Case Analysis Essay
Case facts The case between State v. Kirby focused on ownership of a Global Exchange Holding, LLC’s website designed by Starvation Graphics Company (Ferrera, Reder, Lichtenstein, Bird, & Darrow, 2012). Global Exchange Holding, LLC, owned by Richard Kirby, hired Loren Collett from Starvation Graphics Company to design and develop a website (Ferrera et al., 2012). After the website was completed, Kirby changed the site password and locked Collett from the site (Ferrera et al., 2012). Due to changing the password on the website, Kirby was charged with “one count of fraud, a fourth-degree felony, using means of fraudulent conduct, practice or representations” (Ferrera et al., 2012, p. 306). Collett took action against Kirby on the grounds of copyright protection.
The primary issue in the case is that Kirby and Collett disputed who owned the website that Collett was contracted to design. The work was completed by Collett as specified in website design contract, but Collett was never paid (Ferrera et al., 2012). The website design contract stated that Collett is the owner of the copyright to the web pages, but Kirby owned the web space and provided the content for the website (Ferrera et al., 2012). Collett argued that the contract outlined copyright ownership would remain with Starvation Graphic Company and Kirby would be provided with a license to use the website upon payment (Ferrera et al., 2012). The court must decide who owns of the website, the…