Is it just me, or did this thread take about 30 seconds to shoot straight OT?
Micheal, I don't think Jochen provided enough detail for you to give an opinion on the nature and reason for the work done, nor to give an analogy of a defuct TV. For all you know this was a feature request that the client doesn't think they should be paying. And now the list has followed suit. "This claptrap is why I.T people are not widely trusted." I don't agree that trust is a problem. Easily the most common complaint I hear about IT people is this: When it comes to getting answers to questions, some of us have superiority complexes and make every exercise a bloody chore. Jochen's question was specifically related to Open Source code release and licensing. Surely it can be discussed within the context of the information he chose to provide? Aaron ----- Original Message ----- From: Jochen Daum To: PHPUG Sent: Monday, July 27, 2009 10:48 AM Subject: [phpug] [OT] legal: retain ownership of code until paid and open source licence Hi all, I'm looking for experiences with the following problem: we're distributing most of our code under open source licences to clients and I wonder if anyone has had experiences with the following scenario: - Project get developed and delivered under open source licence to client on clients server - Later, a round of maintenance is developed and rolled out to the clients staging server. - Clients disputes nature of maintenance request and withholds payment Now, normally we have a clause in our contract that we withhold the licence of source code until it is paid. I found a similar clause in Egressive's contract here: http://www.phpug.org.nz/index.php/Business_Terms_and_Conditions and our own contract has pretty much an identical clause: "3.1 The Supplier, subject to payment in full of all owing, grants the Purchaser a non-exclusive licence in respect of all pre-existing material of the Supplier, which comprises the Agreement Type upon completion of The Project , ..." But after completion of the maintenance we would have distributed open source code already? Do I need to keep code on my own staging server at all times to get around this? Kind Regards, Jochen Daum Chief Automation Officer Automatem Ltd Phone: 09 630 3425 Mobile: 021 567 853 Email: [email protected] Skype: jochendaum Website: www.automatem.co.nz http://twitter.com/automatem http://www.xing.com/go/invite/3425509.181107 --~--~---------~--~----~------------~-------~--~----~ NZ PHP Users Group: http://groups.google.com/group/nzphpug To post, send email to [email protected] To unsubscribe, send email to [email protected] -~----------~----~----~----~------~----~------~--~---
