[asterisk-biz] Fascinating conversation with a prospective customer

[Trixter aka Bret McDanel]

On 1/7/07, Paul <ast2005 at 9ux.com> wrote:

> That is exactly right if the customer is not looking for something to
> resell as a shrinkwrap binary. However, you still need to write a
> realistic contract. Even if I destroy all copies of source, notes and
> docs I have a good memory for concepts used. I want the contract to
> clearly specify the restrictions placed on my future work and the
> duration of those restrictions.



since we have already gone into a bit of a tangent, lets go a little
further, but still relevant.  There have been cases heard in courts recently
(ok over the last several years) in a couple different countries regarding
webpages for hire.  When a work is commissioned by default in *some*
countries the person who paid for it owns all rights unless a contract
specifically states otherwise.  The cases largely were about webpages
created for a customer, then the  web artist takes that same layout, tweaks
it a little and sells it to someone else.  The original customer sues the
web developer for copyright infringement.

How this applies to asterisk stuff, and why contracts should always be used,
is if you develop a system for someone, then use that same layout for
someone else in theory you could be sued.  Now there is a burden of proof
that must be met, but stranger things have happened in courts, and you could
end up losing your business over it.  This would especially include code
written (AGIs for example) but given the GPL it would be hard to enforce it
on code that is covered by the GPL (without getting into the conversation
again about how the FSF feels that modules do not have to be GPL with
asterisk specifically).

The customer however would have to sign a disclaimer if they own the code
however, so if you dont have a contract that specifically allows introducing
it into GPL trees, and for resale by another, then you could actually see
damages shown.  Any code that was written for hire in one of these countries
(the US is one, which is where digium is so its unclear but probably a
requirement for digium to have a disclaimer from the real copyright holder)
would not be allowed to be included without a contract clearly giving the
one that disclaims permission to do so, or the person who paid for the code
to sign a disclaimer.

Remember, lawyers write the laws, typically in a fashion to ensure they
continue to get business.


-- 
Trixter http://www.0xdecafbad.com     Bret McDanel
Belfast +44 28 9099 6461        US +1 516 687 5200
http://www.trxtel.com the VoIP provider that pays you!
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