EMS counters with a lawsuit over Lítačka, accusing Prague of misusing know-how
The owner of the opencard, the company eMoneyService (EMS), has filed a lawsuit against Prague for breach of license agreements and misuse of know-how. The city allegedly committed this during the introduction of the new Lítačka public transport card, said EMS chief Petr Stránský. EMS has already filed a lawsuit against Prague in the past, and is also considering international arbitration. The lawsuit was also filed by the city. He wants to get a statement in court that he did not violate the rights of the EMS. With the introduction of Lítačka, Prague EMS will not get rid of it, the card should work on the DOS system (transport operating system), which belongs to EMS.
“We have filed a lawsuit against the capital, which alleges breach of license agreements in the area of misuse of know-how and copyright infringement. This lawsuit is related not only to the events surrounding the so-called Lítačka, the lawsuit also addresses long-term violations of license agreements. In our opinion, Prague seems to be an unauthorized use of the system. In order to create Lítačka, our system had to be examined, “Stránský said.
According to Stránský, it does not matter who abused the opencard system, whether the municipal company Operátor ICT, which is to manage Lítačka, or the supplier of Lítačka. “He who is responsible for the violation of rights is Prague, so we do not investigate, and how the abuse,” he said.
EMS reiterated today that I consider Lítačka to be an opencard plagiarism. “If you have any system and join some new part, you can’t do it without knowing the whole thing. Prague has the right to use the system, but it does not have the right to interfere, research and the like, “said EMS spokesman Martin Opatrný.
“The capital is facing an action to pay more than 100 million crowns due to the opencard by the EMS“
Therefore, according to EMS, Prague had to provide know-how and allow access to the system so that a new supplier could come and create Lítačka. “Just because it works as an opencard means that it is plagiarism,” Stránský added.
The capital is facing an action to pay more than 100 million crowns due to the opencard by the EMS. Execution also remains, it is now postponed, but still valid – this means that the executor cannot impose fines yet. The city has not seized property due to foreclosure. Lawsuit today also filed by Prague. He seeks a declaration that he has not infringed the company’s rights.
He allegedly welcomes the lawsuit filed by EMS. “We are clearly in favor of being able to defend our position to date and confirm that we are not infringing copyright in connection with the deployment of the new system and the use of new chip cards. The court will be able to evaluate the current nonsensical accusations by the EMS, “said Vít Hofman, a spokesman for the municipality.
The series of lawsuits probably doesn’t end there
According to Opatrný and Stránský, EMS is also considering another lawsuit against the transport company (DPP). He suspects the illegal provision of information to third parties about the DOS program, which belongs to the EMS and on the basis of which the opencard operates. “We have indications that the system has been investigated and tampered with,” Opatrný said.
DPP has DOS licensing agreements until 2055, but these carriers only provide the system, but not view or modify it. The company has already filed a lawsuit against DPP for breach of license agreements and outstanding obligations – the court has not yet ruled.
Prague wants to replace the opencard with the Lítačka project, which it will start publishing to Prague residents on March 1. However, this card will also work with DOS software that owns EMS. The opencard project originated in the era of Mayor Pavel Bémy (ODS) and the card is owned by 1.2 million people. Prague cost more than 1.7 billion crowns.