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

[Lucas van staden]

Hi,

Thank you for the thoughts, all very sound, and appreciated.
I am currently investigating to find the correct legal representative, as I
think this to be important.

Great opportunity, or a great way for me to loose out, if not done right!

Regards
Lucas





On Fri, Feb 13, 2015 at 12:37 AM, Evert van Dijk <evert at silver-sword.com>
wrote:

>  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
>
>
>
>
>
> _______________________________________________
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>
>
> --
>
> --
> *Evert van Dijk*
>
>
>
>
>
>
> * BBus (MIS & e-Commerce) PGCert (Computer Security) PGDip (Internet
> Security) Silver Sword Business Services evert at silver-sword.com.au
> <evert at silver-sword.com.au> 0418 919 902 *
>
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