Mojave WiFi Lawsuit Press Release 12/21/10

Contact: FlashByte LLC Member Brenda Barnes FOR IMMEDIATE RELEASE

Tel.: (760) 464-3362

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LAWSUIT SAYS HIGH DESERT INTERNET BUSINESS ILLEGAL

FlashByte Digital LLC Sues “Unlawful Competitor” for Trade Secret, Other Business Law Violations

Santa Monica, CA, December 21, 2010 – Summons and complaints were served this week on a lawsuit filed December 10 in Santa Monica Superior Court claiming a local Internet company stole another's trade secrets, intellectual property, customers, business plan, and computer data. It also claims unfair competition and civil conspiracy. Relief sought is a temporary retraining order and preliminary and permanent injunctions, along with unlimited compensation and monetary penalties for these business torts. Defendants now are the competing company and its principals. The lawsuit also names up to 200 Doe defendants, who will be the known active participants in the conspiracy including individuals who are receiving the stolen services and especially those allowing the defendant to rebroadcast the stolen services, effectively selling the stolen services themselves.  The Does will be served with the suit as their identities become known.

The lawsuit is by FlashByte Digital, LLC, which is based in Santa Monica but began in Joshua Tree prior to 2006, according to the lawsuit. The Company now provides Internet service in three counties including the local High Desert and Coachella Valley. The suit details how a former contractor for FlashByte took the business model, technology, and locations of appropriate service areas after he was taught them by FlashByte, and then misappropriated that secret information to his own use against FlashByte.

“I have worked for 30 years to perfect the Internet business our company provides here in California,” said Michael McKinsey, managing member. “I'm not about to sit idly by and let someone sell what he stole from me, in direct competition. When I became aware he was doing it, after proper investigation, I gave him a chance to stop without further liability except for damages already caused. Since he refused to do so, we had the suit filed and served.”

FlashByte authorized member Brenda Barnes, a retired California litigation attorney, wrote and filed the lawsuit, and will be responsible for its prosecution for the company. She states California law has long protected trade secrets and intellectual property, but since the computer industry began and centered in the Silicon Valley of California in the past several decades, “Cases on trade secret misuse have mushroomed, from few per year in the past to hundreds now.” She states FlashByte faces what has turned out to be a common problem in technology fields, “people who figure using other people's inventions is easier than thinking up their own.”

Barnes states all local customers who were unaware the unlawful competitor had stolen FlashByte property and offered it for sale for less will be given an opportunity to withdraw from the scheme of Mojave Wifi, a company not registered with the California Secretary of State. She states innocent customers not participating actively in the conspiracy will be welcomed as FlashByte customers. She also says FlashByte will attempt to keep innocent users of the competitor service from being hurt by being deprived of service as the lawsuit proceeds.

“We have no desire to punish anyone who did not actually steal our property and offer to sell it to others,” McKinsey stated Monday. He did acknowledge, however, that process is being served on people acting as relay points for the unlawful company, who will be allowed to prove they did not know of the thefts when they helped the upstart company.

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If you'd like more information about this topic, or to schedule an interview with Brenda Barnes and Michael McKinsey, please call Brenda Barnes at 760/464-3362 or e-mail Brenda at This e-mail address is being protected from spambots. You need JavaScript enabled to view it