At 4:56 PM -0500 1/13/07, Ken Downs wrote:
tedd <[EMAIL PROTECTED]> wrote:
Do you see the common thread here? There are things you have control
over and there are things that you don't -- and, you don't have much
control over the net. So, if you're going to work on the net, then
stop worrying about your code, let clients do what they want (in most
cases they don't know anyway), and get on with your life.
Sure, you can (and should) address the ownership aspect of your work
product in your contracts, but realize that it's nearly a moot point
when it comes to enforceability.
Tedd, overall well put, but I would add one more detail. Sometimes
its not about enforceability but about expectations. A contract,
like a lock, only keeps honest people honest. But just as a lock
says, "you need permission to enter here", a contract stating
ownership of code indicates to the customer what kind of
relationship you expect.
I can think of two cases where this came in very handy for me. In
one case the client objected strongly to a clause in my contract,
which hit to the very base of how I worked. Ultimately I had to let
that one go, as i figured he'd be an unprofitable customer. But
what if the contract had not raised this point, we went forward, and
then discovered how far apart we were in expectations?
In a similar case the contract caused my client to ask a lot of
detailed questions that gave us a better understanding of each
other's position, and we have worked well together.
Yes, I agree totally and that's the reason why I said that you should
address those concerns in your agreement, in whatever form that may
be.
Without exception, I always spell out what's important to me and try
to explain in clear detail to the client as to what their rights and
obligations are. I do this only for clarification and not for "under
threat of law suit".
You see, I spent over 20 years in continuous overlapping lawsuits --
while I made more money than I should have, it took it's toll and I
never want to be in anther law suit in my life. You don't like doing
business with me, or want your money back -- here it is. In fact,
almost all my work is paid on approval. But, don't tell anyone that.
:-)
tedd
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