Kineo settles copyright dispute with Epic
In January 2008 Kineo employed a software developer from Epic Learning Group. The developer copied components of Epic's proprietary 'Create' authoring software into Kineo's software repository. The Directors of Kineo were unaware of this copying and that as a consequence components of Epic's 'Create' code were used in Kineo's Actionscript 2 Flash Framework. This Framework was used on 320 client projects from 2008 to 2012.
Kineo's clients have been and will continue to be unaffected by this matter.
This matter was discovered by Epic in 2012 when they were repurposing a course that Kineo had produced for a client. Once Kineo were made aware of the issue, they investigated and cleansed the code admitted as copied by the developer.
In the summer of 2012, Epic issued legal proceedings in relation to this matter alleging copyright infringement. Kineo passed the matter to their insurers to resolve. As part of this process, Epic commissioned an independent expert to review the outcome of Kineo's investigation in November 2012. The expert found there was additional copied code not identified or admitted to originally. Subsequent to this Kineo has undertaken further cleansing to ensure all infringing code was removed from Kineo's Actionscript 2 Flash Framework. The Framework itself is no longer used by Kineo having been replaced by new authoring tools based on Actionscript 3 and HTML5.
Kineo has agreed an out of court settlement to pay Epic an undisclosed damages sum and reimburse its costs. Kineo has also taken steps to ensure this doesn't happen in future by strengthening internal processes. The Directors of Kineo apologise unreservedly for infringing Epic's copyright.