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   Author  Topic: Software Ownership  (Read 1727 times)
bob morrison
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Re: Software Ownership
« Reply #5 on: Aug 2nd, 2005, 7:15am »
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Thanks Isaac,
 
  I think the thing that makes me nervous at the moment is that if another company should buy the client, they could take some kind of legal action for the other products that I have written. I mean, if they have the source code then they could believe that they own the rights to it and all derivatives. I guess I cannot avoid this though.
 
thanks again
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Isaac
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Posts: 3472
Re: Software Ownership
« Reply #6 on: Aug 2nd, 2005, 9:27pm »
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The purchaser of the company might make the mistake of thinking that
they own the code, but if you've registered the copyright (and you should) you ought to be able to put a quick end to any legal action they attempt.  You should also include copyright information in the header.
 
If the purchaser exceeds the scope of the license you granted, your
registration plus your copy of the license agreement ought to be enough evidence.  Mere possession isn't going to beat that.
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Isaac
bob morrison
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Re: Software Ownership
« Reply #7 on: Aug 3rd, 2005, 2:25am »
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Thanks again Isaac.
 
I think i'll copyright the software today. I've put lots in the code ( could be deleted though! ), and in the executables header.  
Another thing it that the company keeps talking about having a rotalty agreement instead of a licence agreement - any ideas as to why ? Sounds like they want to muddy the waters a little to me !?
 
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Isaac
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Posts: 3472
Re: Software Ownership
« Reply #8 on: Aug 3rd, 2005, 4:00am »
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Royalties means how you get paid.  There should still be an agreement
as to what rights are being licensed or yielded if you are giving them
your source code.
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Isaac
bob morrison
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Re: Software Ownership
« Reply #9 on: Aug 4th, 2005, 10:37am »
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  In the preliminary discussions, things have not gone too well !
  The company is claiming that they own the software because they paid some $30,000 2 years ago. The fact was, that this was for another project. It just so happens that  I started the current project then too - but nobody knew of it. Now, I know that this muddies the waters a little bit. The question is this - if someone pays say $10,000 in january and the work continues to until december - but no invoices were paid and nothing was signed - does this mean that they own the software/source code as of January, or december Huh
 
I knew I should have avoided being a software guy!
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