TopDog software controversy

(June 12 2002, updated June 14, 18 and 25) The well known search engine analyzer/submitter software TopDog of DC Micro Development, Inc. is allegedly being pirated.

Recently, users of the real TopDog sofware received an email offer to buy TopDog Pro version 7,"practically written from the ground up, this new program incorporates many new features and enhancements." Officials at DC Micro Development, Inc., however, claims there is not much that is new about it, except the name, some cosmetic changes and, mysteriously, the URL.

Here is why: TopDog Pro version 7 is marketed by Michael Lange, a former co-worker of DC Micro's David Cecil, who left one of Cecil's companies in May, 2001, and therefore -- according to DC Micro Development, Inc. -- violated his position of trust by keeping a copy of the source code and also taking a copy of the customer list.

In July, 2001, Lange released a version of the program which he called TopDog 6 under the name Analyst Software, Inc., according to DC Micro in violation of DC Micro's copyrights and trademarks. He used the customer list to send DC Micro customers an offer to purchase upgrades from him. According to DC Micro he was forced to stop selling the "pirated" program after only three weeks.

On June 6, 2002, he released another version and called it TopDog Pro version 7, this time using the web site address www.topdogsoftware.biz. The TopDog Pro version 7 program being distributed is based upon the previous version of TopDog now published by DC Micro.

DC Micro Development, Inc. has been responding by notifying users that the only source for the TopDog software is www.topdog.com, which is also the only source from which they would ever receive email correspondence.

DC Micro Development, Inc. has sued Lange and his assorted companies and aliases in U.S. federal court in Kentucky for, among other things, copyright infringement and software piracy. The case is ongoing.

Michael Lange claims that he and David Cecil developed, marketed, sold, and supported the TopDog software as equal partners under a signed partnership agreement. To Pandia he says that each party has had equal rights to continue utilizing source code and shared in a non-exclusive right to market the TopDog software.

He points out that the TopDog trademark is owned by TopDog Software Inc., not DC Micro, and that there therefore is no trademark violation.

According to Lange TopDog Pro is definitely a new program, derived from a new platform. "Just like Windows 98 is to Windows XP. The new program is indeed over 20% faster during a search or submit," he says and adds that the project file sizes have been decreased by over 40 percent on average."

So what is a search engine optimizer to do? There are some differences, although there is disagreement on how substantial these are. There are no "international" non-English versions of Lange's "TopDog Pro", while the DC Micro version includes English, Spanish, German, French, Danish, Norwegian and Swedish resources. However, this may not be that important for English speaking customers.

It should clearly be in the interest of both parties to settle this conflict as soon as possible, as some customers may find it more sensible to go to their competitors unless they can be guaranteed that they are dealing with the real TopDog.

DNS service for the topdog.com name was interrupted on Friday by the ISP (Digital Agent) which provided DNS service for topdog.com. The DC Micro TopDog web site is still accessible at http://www.topdogky.com/.

Read our August 8 report on TopDog for more recent developments in this case.

See also Search Engine Forums and alt.internet.search-engines discussions.

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