Dave,
Hopefully you have learnt your lesson and will get everything written
down. :-) Look I even insist on a written contract when I borrow money
from family... it avoids bad blood in the future.
And now for some helpful hints. I am not a lawyer but I do write most of
my own contracts and my lawyer always gets congratulated for a well
written piece of contract by the other parties lawyer. :-)
1. No one wants to sue anyone, especially if they are having money
troubles. Call his bluff.
2. I have never seen that quote before, but even if it is true, all it
does it prevent you from using it or selling it to someone else. It does
not authorise him to steal it from you. If its not fair to both parties,
generally it will not hold up (Contract law 101, it was part of my
Engineering Degree)
It is obvious that I cant ask someone to write something, not pay for it
and claim it a mine under this quote. Obviously its rubbish.
3. Even if the above was true, two can play dirty. Just *Obscuficate
*the code, lock up the originals so no one can find them then fight him.
I am sure there are tools around. Else just use D2007s refactoring to
rename all variables, fields, procedure names to random sequence of
letters. Delete all comments. Split the source in separate folders and
give him only some of the files and claim ignorance on why it does not
compile for him.
4. Tell him that you have spilt the beans to the Delphi User Group
(Release his name here) and tell him no Delphi programmer will work for
him. Reminds me of the time I took on Ford. They delivered a brand new
car that was damaged. because I did not pick up the fault at delivery
they blamed me for causing the damage. After days of arguing, I rang up
the Manager and told him that I had convinced 30 of my friends to come
down that weekend with placards and we were going to make sure no one
bought a Ford that weekend from his (very large) yard. He backed down.
5. You also have the right to apply lien (see
http://www.lectlaw.com/def/l036.htm), as far as I know this text is
valid in NZ.
6. Also tell him that you have had legal advice and tell him whatever
you want and claim its from the lawyer.
7. Tell him that you have already sent this to Fair Go and that they
rang up and are looking at going ahead with it.
8. All of the above. And good luck with the fight
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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