I worked in a software house where there was a sort of third hybrid offer:

If they wanted a personalised version of a program, eg for personalised
stationery, then they could either:

1 - Pay for a completely personalised version of the program (most
expensive).  They owned it.

2 - Pay for the option to be included as a setup option in the standard
program
    (we would offer this only if the variation was a useful one for other
clients)
        In this case they would pay about half the cost of writing it, ie
they subsidised a new feature useful for other users.  We owned the source
in this case.

3 - Hybrid - Offer a personalised version of the program where we froze a
version for the source with their alterations where we would own the source
and keep a separate copy of it in a folder called "Specials\clientname".
Usually the unit altered for them would be a copy of one standard unit with
a different name.  We owned the source.  If they wanted this personalised
version added to a later version of the standard program there was a
small-ish amount of work making another new version.  We had no problem
giving them an archive of the personalised source if they wanted a backup of
it, as the program usually couldn't be made anyway without the libraries we
used.  Almost all users were happy for us to manage their versions for them
this way.  Cheaper than option 1, and more expensive than for option 2 - in
practice they just paid for the time involved.

John


-----Original Message-----
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]
On Behalf Of Todd Martin
Sent: Wednesday, 6 December 2006 4:20 p.m.
To: NZ Borland Developers Group - Offtopic List
Subject: Re: [DUG-Offtopic] IP ownership


I guess it depends on how modular your coding skills are.

If you're writing quick dirty code for customised functionality, it doesn't 
matter if the client owns it at the end of the day.

If you're writing flexible generic code which can be reused/morphed into 
other unrelated applications, then I think you should definitely try to own 
it.

It all comes down to what the contract says. In the case you mention, I 
suspect the software house will want to own the IP. You can always try a 
split deal, where code specific to their business belongs to them and 
general code belongs to you.

Todd.



----- Original Message ----- 
From: "Phil Middlemiss" <[EMAIL PROTECTED]>
To: "NZ Borland Developers Group - Offtopic List" <[email protected]>
Sent: Wednesday, December 06, 2006 2:24 PM
Subject: Re: [DUG-Offtopic] IP ownership


> We have had that with TUMONZ a few times. We normally present a 
> "choice" where they can either get a discounted development rate and 
> all code and IP remains with us, or they can pay a rather larger 
> development rate where they retain the IP for just the enhancements. 
> It's just a case of selecting the correct "larger development rate" in 
> order to steer them towards the first choice. That said, we really do 
> give them a discounted rate if we retain IP since it helps enhance our 
> product for everyone else.
>
> Phil.
>
> Paul Lowman wrote:
>> Here's a question ...
>>
>> If a client asks for enhancements to software which is wholly owned 
>> by the software house and pays for that work then who owns the IP of 
>> the new work ?
>>
>> [EMAIL PROTECTED] 
>> _______________________________________________
>> Offtopic mailing list
>> [email protected] http://ns3.123.co.nz/mailman/listinfo/offtopic
>>
>>
>>
>


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