This is a bit OT, but I'd appreciate your opinions on this one.
Lets take an example where the project documentation and contractual
documents were sparse and no where was there mention of ownership of
code. In a case like this, who owns the code? Does the client own all of
the source files, or should they receive an encrypted version of the code
(still portable to a server of the clients choice).
If they are entitled to the source code and the flexibility to choose
another development firm to take over the job, what is stopping the client
and/or the new developers to resell all or components of that code?
What do you think? Of course, the best way to avoid any gray areas and
messy situations is always with thick documentation which is well
understood by both parties. But what if this documentation is not in place,
what are the default params?
Also what is the best way to incorporate these issues into a contract. Let
the client know up front that it would costs more to retain ownership of
the code?
Thanx for your opinions.
Merry Christmas
Brook Davies
maracasmedia Inc.
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