Hi Dave

The bottom line is, if a client says they don't want/need a written contract, assume they are going to screw you.

Todd.

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 <http://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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