IP and development work

[KEdminston]

Hi all,

Hoping you can help me - or at least give me some constructive pointers

I recently created a system for a client - a large company in SA who shall remain nameless. They asked me for a quote for a system for their provincial branch that would do some import work from an access database to MS SQL. They obviously provided the Access database and the structure for the SQL database.

The project worked, they ran it for a few months and were very happy with it. Now however, they want to move it to other provinces and sell the solution on to various other companies (at huge amounts) while obviously avoiding paying me anything for the work I've done (as in their opinion, they own everything).

There were no contracts, no agreements and no other real documentation besides the original quote and a formal acceptance of the quote. I could produce an agreement but getting them to sign it after the fact would a) be tough and b) doesn't really sit well with me, morally.

Where do I stand? (in before: duh, stupid mistakes, rookie, noob etc )

 

[Ancalagon]

You let them have the system without payment and without a contract? No deposit?

 

[KEdminston]

Nope, payment was made, as was the deposit. I'm not that dim

 

[Ancalagon]

Oh.

Well then I dont really think you have a leg to stand on. You developed the project according to their specifications, so the ideas contained in it are as much theirs as yours. Them being the ones that paid for it, its normally the case that they own the rights to it. Including the source code.

Thats usually the case when writing software for someone else.

I mean the argument would be something like, if you could have developed that software on your own and sold it, why didnt you? Answer - you didnt think of it, they did. And you took payment for it, instead of negotiating a share of the profits. So it was not a partnership, it was consulting.

I'm sorry but I dont think you are right to even ask.

 

[KEdminston]

Don't get me wrong - I'm perfectly happy with saying "Cool, good luck with it " and letting them do it, if it turns out that it's within their rights to do so. Would I be sad if they made millions off my code by changing it and reselling it as their own? Probably. At the end of the day though, if that's their right then it's their right. End.

 

[Flidiot]

This is why documentation and contracts are sooooo important.

I know it's not what you want to hear, but if you don't have a signed agreement that states that you, as the dev, own the rights to the system...they can pretty much do what they want with it.

Chances are that they would argue that they paid you to develop THEIR system. If they felt like being generous, they could offer you a small percentage, but they are not even obligated to do that...

 

[Fuma]

Hopefully they will come back to you needing changes and you can nail them. Charge them R5k p/h.

 

[frikkie6000]

This happened to me as well a while ago you unfortunately do not have a leg to stand on strict service and source docs now all the way At the end of the day its always the developer loosing out

I am sure if they resell this there might be something you can do but other than that too be honest I do not think you can do much about this

How do you know they want to resell your app ?

I always link web apps to a domain only and additional installations of course they will pay, windows apps I link to a hard drive serial any re installations I do

 

[zippy]

The software belongs to them. They paid you to write it FOR them. Unless you have a contract that says otherwise.

 

[koeks]

I would rather try and get a support/retainer contract with them so that you can offer support for those companies that they are selling it to them. Sell them the benefit of support, it could prove to be much lucrative and more sustainable