A bit late now L

 

From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Leigh
Wanstead
Sent: Wednesday, 9 April 2008 3:21 p.m.
To: NZ Borland Developers Group - Offtopic List
Subject: RE: [DUG-Offtopic] Legal problem

 

Hi Dave,

 

I think that you need to get a written contract.

 

Regards

Leigh

www.smootharm.com

 

        -----Original Message-----
        From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] Behalf Of Dave O'Brien
        Sent: Wednesday, April 09, 2008 2:44 PM
        To: NZ Borland Developers Group - Offtopic List
        Subject: [DUG-Offtopic] Legal problem

                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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