🚀 go-pugleaf

From article <tmasune.0853@telstr.UUCP>, by tmasune@telstr.UUCP (Ted Masune):
> I have a question for all you prgrammers out their that sell
> your customized programs to businesses.  I was contracted
> verbally to a business to do some customized programming for
> two of their applications.  The programs basically let you
> enter data, process it and print the results to a printer or
> file.  They were completely satisfied with the program.
> After a few more adjustments to the programs, they paid me my
> fee and I was on my way.  It has been almost a year now.
> They have now asked me to give them the source code for the
> programs.  I told them that it would be an additional cost.
> They told me that I owed it to them at no cost.  I know have
> found out that they are franchising their business and intend
> to sell the programs to the franchises.  I told them that
> they should pay me royalties for the programs.  They said no
> I don't think so.  What should I do?  What am I legally
> obligated to them.  In my mind I don't beleive that I was
> contracted to give them the source and I think I should be
> entitled to royalities.  Any help on the subject would be
> greatly appreciated.  Thanks
> 

You only need look at your contract with your customer.  If the deliverables
were source code, then you diliver source.  If your deliverables are
executable modules, thats what they get.  It is probably not clear what
your deliverables were and your customer wants to get what they can.
Indeed, you should have copyright'ed your source code.  If the code is
your copyright, it is yours and you do with it as you please, they don't.

I'd say, unless they can show in contractual form that deliverables were
source, sell them the executables.  Keep the source.  They deserve to
be milked.

|----------------------------------------------------------------------------|
|Tom Hite					|  The views expressed by me |
|Manager, Product development			|  are mine, not necessarily |
|CADSI (Computer Aided Design Software Inc.)	|  the views of CADSI.       |
|----------------------------------------------------------------------------|

In article <1991May18.224337.17787@ccad.uiowa.edu> cadsi@ccad.uiowa.edu (CADSI) writes:
>From article <tmasune.0853@telstr.UUCP>, by tmasune@telstr.UUCP (Ted Masune):
>> I have a question for all you prgrammers out their that sell
>> your customized programs to businesses.  I was contracted
>> verbally to a business to do some customized programming for
>> two of their applications.  The programs basically let you
>> enter data, process it and print the results to a printer or
>> file.  They were completely satisfied with the program.
>> After a few more adjustments to the programs, they paid me my
>> fee and I was on my way.  It has been almost a year now.
>> They have now asked me to give them the source code for the
>> programs.  I told them that it would be an additional cost.
>> They told me that I owed it to them at no cost.  I know have
>> found out that they are franchising their business and intend
>> to sell the programs to the franchises.  I told them that
>> they should pay me royalties for the programs.  They said no
>> I don't think so.  What should I do?  What am I legally
>> obligated to them.  In my mind I don't beleive that I was
>> contracted to give them the source and I think I should be
>> entitled to royalities.  Any help on the subject would be
>> greatly appreciated.  Thanks
>> 
>
>You only need look at your contract with your customer.  If the deliverables
>were source code, then you diliver source.  If your deliverables are
>executable modules, thats what they get.  It is probably not clear what
>your deliverables were and your customer wants to get what they can.
>Indeed, you should have copyright'ed your source code.  If the code is
>your copyright, it is yours and you do with it as you please, they don't.
>
>I'd say, unless they can show in contractual form that deliverables were
>source, sell them the executables.  Keep the source.  They deserve to
>be milked.
>
If it was not clearly specified in the original contract what the
deliverables were then the situation get stickier.  One factor that a
court will look at is whether or not the programmer was paid to develop
the software or it was developed on his/her own time and simply
customized for the particular application.  One thing on your wside is
the fact that the customer has taken so long to request the source,
implying that they originally understood the deliverables to be the
executables.  Stick it to 'em.

-- 
Ken Tubbs                         Intelledex, Inc.
Software Engineer                 Internet: tubbsk@cs.orst.edu
Vision Products Group             UUCP: {tektronix,hp-pcd}!orstcs!tubbsk