<br><br><div><span class="gmail_quote">On 1/7/07, <b class="gmail_sendername">Paul</b> <<a href="mailto:ast2005@9ux.com">ast2005@9ux.com</a>> wrote:</span><br><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">
That is exactly right if the customer is not looking for something to<br>resell as a shrinkwrap binary. However, you still need to write a<br>realistic contract. Even if I destroy all copies of source, notes and<br>docs I have a good memory for concepts used. I want the contract to
<br>clearly specify the restrictions placed on my future work and the<br>duration of those restrictions.</blockquote><div><br><br>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.
<br><br>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).
<br><br>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.
<br><br>Remember, lawyers write the laws, typically in a fashion to ensure they continue to get business.<br><br></div></div><br>-- <br>Trixter <a href="http://www.0xdecafbad.com">http://www.0xdecafbad.com</a> Bret McDanel
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