Hoboken's city evicted the techs and company of a Clearwater, FL robotic parking company, taking with them their manuals and such. So the robot was deactivated. The town had to use the software to get the robot to relinquish the cars. The company said they used the software without license. Both sued.
This case is imminent domain style. The cars, belonging to private citizens, and agreed to among the citizen's parking agreement [with intent to recover] have been waylaid by the company's failure to operate. They can be charged backcharges and holding fees of a civil amount/s, plus any other expenses accrued by loss of vehicle, or the town can use its right of civil authority to move the robot and free the cars.
The town clearly cannot just use the software willy nilly without a license. But to free cars, this is a civic matter, not one of business. The company should lose their license and pay court fees. The town unfortunately evicted them, so they have a precedent in that case. Depending on the terms of the eviction they may be totally right or partially wrong. In either case the software would need to be used in an emergency fashion to remove the cars.
Upon closer examination of the orders of eviction, depending on violations by the company, which could have forced them to forfeit their rights and effected emergency removal free of charge. If the company was wrongfully evicted, which seems unlikely, they could recoup license fees and certain profit-lost fees from the town. If the town acted within its own laws in evicting the company the town is right.
Tuesday, August 08, 2006
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