[plug] PHP & code

[Jeremy Malcolm]

I have sent this (below) to the list twice now, and it keeps on not getting
through.  That seems to happen to me occasionally for some bizarre reason.
It's a bit redundant now, but I'm resending again anyway just in case.

> -----Original Message-----
> From:
> Sent: Wednesday, 2 August 2000 19:22
> To: plug at plug.linux.org.au
> Subject: RE: [plug] PHP & code
>
>
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>
> > Just to confuse the issue even more:
> >
> > What happens if you develop a piece of software for a client who
> > pays the cheaper price, so you retain ownership of the code, and
> > then another client wants software to do an identical (or at least
> > very similar) job but wants ownership of the final product?
> >
> > Would it not mean that you would not be allowed to reuse _any_ code
> > from your previous contract (even though you own it) because you
> > can't
> > exclusively sell something that has already been sold before?
>
> Even when a client wants to own your code, it should still be done by
> way of a licence rather than a sale or assignment of your
> intellectual property.  The difference is that it would be an
> exclusive licence rather than the non-exclusive licence that you
> usually get with software.
>
> If you have used the code for a previous client and the new client
> wants an exclusive licence, the terms of the licence would have to
> contain an exception for those particular previous clients.  If you
> didn't do that, you would be in breach of your contract with the new
> client and/or with the old clients.
>
> As Bret correctly pointed out though, this is all on the assumption
> that you can get your clients to agree to a licence arrangement for
> the code you write for them.  If you don't specify this arrangement
> beforehand then the client will own the code outright by default.
> This is one reason why open source is such a liberating idea.
>
> On Tue, 1 Aug 2000, Bret Busby wrote:
>
> > Disclaimer:
> > The above, is stated as my opinion, based on my experience, and,
> > advice of others, and, in reading materials on the issues of Duty
> > of Fidelity and Intellectual Property. I am not a qualified lawyer,
> > nor, a qualified practitioner in the area of law known as
> > Intellectual Property, nor do I purport to be either of these.
> > ...snip...
>
> Well I am, and I do, but you'll need to be a client if you want to
> rely on anything I say and have my professional indemnity insurance
> behind it.  (Don't worry, I'm cheep!)
>
> - --
> Independent consulting solicitor* | _ .__ ._ _    |\/| _.| _ _ |._ _
> and technology consultant.**    \_|(/_|(/_| | |\/ |  |(_||(_(_)|| | |
> Personal site: http://malcolm.wattle.id.au     /   Finger for GPG key
> * http://www.ilaw.com.au ** http://www.terminus.net.au jm at ilaw.com.au
>
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