[nycphp-talk] Ownership of Code
edwardpotter at gmail.com
Mon Jan 15 09:18:16 EST 2007
I sign nothing, i have no contracts, you can do what you want with my
code. Usually within a day, I have come up with a better way anyway.
Yes, drives everyone crazy, but what the heck. Makes life more fun
that way. Anarchist at heart! :-)
On the other hand, if google hired me, I'd probably sign up in blood.
On 1/14/07, tedd <tedd at sperling.com> wrote:
> At 4:56 PM -0500 1/13/07, Ken Downs wrote:
> >tedd <tedd at sperling.com> 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
> 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.
> http://sperling.com http://ancientstones.com http://earthstones.com
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