Nice, though, for crapping on his chances. I love the positive thinking.
They have every right to use his software. Under the Apache license, they typically don't even have to publicly admit to using it.
Their only fault is likely glossing over the exact details of what code they wrote and what code they licensed, and even that only in private with investors.
I just don't see how there's any sort of case here. They haven't infringed on any IP.
Sounds like attributions are intact. The startup might be misrepresenting things to investors in conversations, but if the actual code attribution is in place then it'd be very difficult to prove a violation of the license.
Before saying, "There is no criminal case," review some facts - and the legal aspects of state vs nation in the US of A. If a law passes in say, New York - it doesn't impact people in my home state of California. It can be used as precedent...but, seriously.
I've gone toe to toe with multiple governments about their own legal system and Neither of us is a lawyer...right? Right. So, as I mentioned, get somebody qualified, pursue both sets of charges. Financial fraud and racketeering, given the nature of the issue (VC funding) are Federal, not State, issues.
Wow. Please, please next time if it's legal, you're not a lawyer and have zero experience...let the adults talk who have been there. My 14 year old knows the American legal system better, who hasn't lived here two years, and holds multiple passports.
What's your excuse again?
Why would an investor, who has potentially invested money in this venture, hand over evidence like that?
I'd assume they'd just attribute him in the future (in some obscure corner of their product/website), and be done with it.
But I agree with your conclusion.