“365 Health and Wellbeing Ltd and its CEO, Mr John Smith, have been held by the High Court of England and Wales to have infringed the copyright of Software Solutions Limited by making and distributing Beating the Blues v5 and earlier versions, which reproduce and make infringing use of the IDEA software of Software Solutions Limited, which was not licensed to 365 Health and Wellbeing Ltd and Mr John Smith. The Defendants have been ordered to cease their infringing exploitation of Beating the Blues v5 and to take effective steps to recall such software from the channels of trade. For the avoidance of doubt, the Court did not consider in its Judgment whether the current version of Beating the Blues infringes copyright. A copy of the court’s Judgment is available here”
365 Explanatory Notice
“365 acquired Beating the Blues from the previous owner in 2015. This matter relates to that version. Having taken advice from those involved with Beating the Blues at the previous owners, 365 believed that the version acquired in 2015 did not copy any code of Software Solutions. Contrary to that advice and upon subsequently reviewing expert reports, prior to trial, 365 conceded that it did copy some code and thus infringed. Both before and after that concession, 365 worked hard with
Software Solutions to reach an amicable conclusion but the judgment relates to some outstanding matters that the parties were unfortunately not able to agree.
In any event, as it was a very old product, 365 stopped selling that version in May 2019 and permanently withdrew it from the market in October 2019.
The judgment does not relate to the current, much improved, version of Beating the Blues which has been the only version on the market since October 2019. This version was a complete redesign and 365 has confidence that it raises no issue of infringement. Customers and Patients can have confidence that this has no effect on their continued use of Beating the Blues.
Should any queries remain, please do not hesitate to contact your usual 365 contact”.