[FX.php List] Encrypting Solutions?

[Joel Shapiro]

On Feb 7, 2007, at 9:09 AM, Jonathan Schwartz wrote:

> This appears to be the age-old "Who Owns What" discussion we see  
> with native FileMaker solutions....with an extra wrinkle of web- 
> based delivery thrown in.
>
> In my view, it boils down to whether the client is purchasing a  
> product that they would own or a service that they rent.

Hey Jonathan

Those aren't the only two options.  My FM-development contracts have  
a section on Intellectual Property Ownership that gives clients a  
"nonexclusive license to use..." the product.  That means (to my  
understanding) that they can freely use the product I developed for  
them, but they cannot use any parts of my product in other products,  
and they cannot sell or distribute any parts to anyone else, since I  
have ownership.  I, on the other hand, can re-use any/all parts on  
other projects, since I own them.

Once a project is complete, I generally give the client a [Full  
Access] FM acct (though not mine), since I belive that they should be  
able to make modifications themselves or hire a different consultant  
if they should so choose, though I stipulate that if they break  
anything once they've signed off on a project, I would charge hourly  
for any troubleshooting and repairs.  I'm aware that this means that  
they *could* see all my code and copy parts into other projects of  
theirs, but that would be illegal (I'm actually not sure if that's  
the precise term, but they would be doing something that they have no  
right to do) and my hope is that by stipulating this in my contract,  
they're at least aware of that and reluctant to do it.  That's been  
good enough for me so far.

I haven't re-thought my intelletual property clause since adding PHP  
to my repertoire, but it seems to fit in as well.

FYI- here's the clause:
  Intellectual Property Ownership
Consultant shall retain all copyright, patent, trade secret and other  
intellectual property rights Consultant may have in
anything created or developed by Consultant for Client under this  
Agreement ("Work Product"). Consultant grants Client a
nonexclusive worldwide license to use and sublicense the use of the  
Work Product for the purpose of developing and
marketing its products, but not for the purpose of marketing Work  
Product separate from its products. The license shall
have a perpetual term and may not be transferred or sold by Client.  
This license is conditioned upon full payment of the
compensation due Consultant under this Agreement.

Best,
-Joel


Joel Shapiro - FileMaker Pro Database Design
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
joelshapiro at jsfmp dot com
http://www.jsfmp.com
415-269-5055