[Reply] Dave,
You have to understand that there are many Acts of Law that apply. The first relating to the Copyright Act 1994 is correct as they have quoted - just Google your quote to see what I mean. The other issue relates to the Law of Contract, which by all accounts your client is in breach of, and for which you are entitled to some "relief" - the legal sort that is. The clause included in your Invoice is referred to as a "Romalpa Clause". See http://www.howtolaw.co.nz/html/ml251.asp for more details - basically changes to NZ law leave you screwed in that regard - essentially it is unenforceable now. Advice: Get a good lawyer - firstly to advise you, so as to never get in this situation again, and secondly, to advise on the "relief" aluded to above. It will be money well spent. Issues they will look at are any documentation ( emails, letters, faxes etc ), and also what you want to achieve out of the proceedings ... do they have a copy of the source already, and do you not want them to have it ... or do you just want $$$$$ - and do they have any $$$$ to give you??? Finally, possession is still nine tenths of the law, so if you just want to hang on to the source, try the Small Claims Court and other time delaying tactics that force them to waste their money and time ... eventually they will give up. good luck Cheers Gary At 14:43 on 9/04/2008 you wrote >To : [email protected] >CC : >From: Dave O'Brien, [EMAIL PROTECTED] >Content Type: text/html >Attached: > >This is a multi-part message in MIME format. > > > I was asked a while ago to create some software for a business. >The design has been ongoing for quite a while (the client has been >adding bits monthly) and is nearing completion. > > > > The problem I find now is that the business is having problems. >Many hundreds of hours work has not been paid for and a verbal agreement >was made to give me a percentage of their returns. > > > > It now appears that that deal will not go ahead. The problem is >the client believes they own the software. > > From an email: > > > > 1. Under New Zealand Copyright Act Intellectual property in >software is owned by the person who commissions and pays or agrees to >pay for the making of a computer programme. > > > > I am of the opinion that "Goods remain the property of me until >paid for in full" and my invoices state this clearly. > > > > Before I fork out for a lawyer, does anyone have any comments on >this case? > > > > Cheers, > > Dave O'Brien. > > > > > >_______________________________________________ >NZ Borland Developers Group Offtopic mailing list >Post: [email protected] >Admin: http://delphi.org.nz/mailman/listinfo/offtopic >Unsubscribe: send an email to [EMAIL PROTECTED] with Subject: unsubscribe Ref#: 41006
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