Hi all, first of all thank you for the great response and I would like to apologise that I was not near the computer to get this topic back on track.
My question here is not related to a dispute of the original project - please assume that this is approved and happily paid for. For later maintenance (I mean things have changed and the website system needs to change) however, there may be a dispute arising for example because: - we actually have not written the original system - owner may have changed - new responsible person is different - its our fault >As Kent stated: > What if you just restore to the pre-maintenance state and just move > on? This is the crux of what I'm asking here. Am I not violating the GPL if I make source code inaccessible that has already been distributed. Thanks again for reading. 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 On Mon, Jul 27, 2009 at 2:04 PM, Kent Parker <[email protected]>wrote: > > Jochen, > > > > On Jul 27, 10:48 am, Jochen Daum <[email protected]> wrote: > > 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_Conditionsand 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.nzhttp:// > twitter.com/automatemhttp://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] -~----------~----~----~----~------~----~------~--~---
