Hi
Never seen that piece of law before. We usually write contracts that
clearly state the ownership of the software before beginning.
The quote below doesn't look like a direct cut and paste from the bill
(The fact it is readable is a fair give away). I would suggest a web
search and reading the actual law first. Probably the person sending it
has massaged it to suit there purposes. Check sub sections above and
below also. I have had councils quote laws to me, then after reading
said law quoted it right back at them (to their detriment !)
If it is an issue where they plan to keep using or will on sell the
'asset' to another company (perhaps owned by the same people) I would
make sure I delivered at least one more release with something in it
that needed me to remove for continued usage. I would only remove this
once the 'agreed' payment had been made.
We have had companies attempt the shell technique before.
Obviously the best bet is some sort of amicable termination. Some reward
for your time is better than none.
Hth
--
Rob Martin
Software Engineer
phone +64 03 377 0495
fax +64 03 377 0496
web www.chreos.com
Wild Software Ltd
Dave O'Brien wrote:
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.
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