[off-topic] Need legal advice/help: German company wants to buy my software.

[Evert van Dijk]

First up,
congratulations.

Second; this requires a good lawyer. Someone who is familiar with
contract law, international law and intellectual property. It might
require a team.

I am not a lawyer and this does not intend to replace legal advise.
Not all lawyers are scary and they are not out to hurt you or your
business. But like hairdressers you need to have a good one. Try and
find one that people are prepared to recommend to you.


You will need to determine how much of the software (sourcecode,
methodology, graphics, etc) you want to keep. Do you have a patent on
any parts of the the software? Is it possible that the German company
will try and patent your methods in Germany or Europe. Or for that
matter any sort of your Intellectual Property?

You will also need to have it clearly outlined how it is determined how
much you will get for each sold unit. And what determines 'sold', I did
read a case study where a large well-known software developer licensed a
piece of software and promised the developers a cut of each sold copy.
Except that the software ended up being bundled and no copies were ever
'sold'.

You will also need to know how much you might be liable for if your
software is used for illegal purposes (ie drug manufacturing, weapons
manufacturing) or if your software is deemed responsible for a major
breakdown.  I imagine that these things are easily mitigated by adding
this to the license you set up with the German distributor/ developer
but I just don't know German law.

I hope I do not scare you away from pursuing this, it can be a great
opportunity.  Do a bit of a cost/benefit analysis if this is likely to
bring in a reasonable income then you will want to spend more time and
money making sure it is set up properly. If you are likely to get pocket
change (due to low sales or low per item cost) then you might want to
look at a different license than a per item sold. I mean if they promise
a per sold unit license does that mean they are then also going to send
you a weekly sales report so you can bill them?


Again, congratulations and good luck

Evert


On 12/02/2015 23:46, Lucas van staden wrote:
> Hello off-topic plug list people.
> Been a long time since I posted to this list (if at all)
>
> So, direct to the point.
>
> I am developer. 
> Simply put, I don't know much else (and Linux, of course) 
>
> I created some software.
> It is really irrelevant what this software is, but to note that it has
> caused a bit of a stir in the relevant community where it is used.
> I sell this software on-line, and sales are doing ok, and picking up
> gradually.
>
> A company, based in Berlin, has recently made contact with the
> proposal to sell my software in Germany.
>
> Their basic premise is:
>
>     We want you to licence us to use your source code as a basis for a
>     new product that is
>     tailored for a German audience. The product would have a different
>     name and would have nothing to do with your company.
>     We would pay you a licence fee for every sold unit. We want to buy
>     your technology like a car manufacturer buys components from
>     other companies.Your copyright would never be questioned or
>     touched. We really have good intentions and don't want to harm
>     your reputation.
>
>
>  The company itself seems legit.
>
> So, If I proceed with this, I would most definitely need legal help.
> Any recommendations?
>
> TIA
> Lucas
>
>
>
>
>
> _______________________________________________
> Off-topic mailing list
> Off-topic at plug.org.au
> http://lists.plug.org.au/mailman/listinfo/off-topic

-- 

-- 
*Evert van Dijk*
**BBus* (MIS & e-Commerce)
*PGCert* (Computer Security) *PGDip* (Internet Security)


*Silver Sword **Business Services*
evert at silver-sword.com.au<mailto:evert at silver-sword.com.au>
0418 919 902 *
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