On September 7, 2018, Andrew Yeckel filed suit in the U.S. District Court of Minnesota alleging copyright infringement by Jeffrey Derby and the University of Minnesota (the “University”) for use of a software program called Cats2D. Yeckel is a researcher in the field of fluid dynamics and a developer of software algorithms. He alleges that by the end of 1993 he and a partner, Ralph Goodwin, “developed a substantially complete multi-physics software program that . . . possessed all of the core elements and most of the features found in the final version” of Cats2D used by Derby and the University.
According to the Complaint, in “1994 Yeckel began working in a research group run by Derby at the University . . . .” Yeckel used Cats2D in his research at the University. Yeckel alleges proper notice was provided to both Derby and the University of his copyright in Cats2D. Specifically, Yeckel alleges that he “expressly informed Derby that he and Goodwin owned rights to The Old Cats2D code and . . . would be maintaining ownership of the code.” Yeckel further alleges that “[a]t that time, Derby agreed that Yeckel and Goodwin owned the code.”
The Complaint details use of Cats2D throughout Yeckel’s employment at the University. Yeckel left his employment at the University in 2014, and he claims he revoked his permission and implied license to use Cats2D in 2017. Yeckel claims that the University and Derby’s lab continue to use and share the copyrighted material. He claims this use continues even after he issued a cease and desist notice, and Yeckel contends that “such acts of infringement have been willful.” The University alleges that while Yeckel was employed and working for Derby, “modifications were merged into the original version of Cats2D, resulting in a new, inseparable program.” As such, the University claims the program is a joint work, meaning the University and Yeckel “jointly hold the copyright” and that the work was “a work made for hire.”
Yeckel is seeking to permanently enjoin the University, Derby, and any others associated with them, from copying, creating derivative works, using, performing, or otherwise infringing his copyright in Cats2D. In addition, Yeckel is requesting the recovery, impounding, and/or destruction of all materials currently infringing his rights that are in possession of the University, Derby, or others associated with them. Finally, Yeckel is seeking damages, both actual and statutory, for the infringement.