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Re: the handeling of code requests by clients


 

Be careful about that contractually.

If your contract specifies that you'll turn source code over it would be IMO a slam-dunk breach if you only turn over the pieces that you want to turn over.

If you're doing programming without a contract... Stop doing that. Seriously, stop doing that. But if you want to play fast and loose be aware that there is a very strong legal presumption that the work product (e.g. the source code) is a Work for Hire and therefore the client owns the entire work product including any modules you authored that you've incorporated.

[Side note: this is why for some projects /if/ the client requires unrestricted ownership of the code and you have "priceless" modules you just don't use modules and the proposal includes the additional cost for redeveloping the functionality without using modules]

To the OP's question -- our contract is very clear on source code ownership and licensing. Essentially, we retain ownership of the IP (Copyrights, etc.) but license it to our client (with the intent that our client will sublicense it to their client) for use in the specific systems we've licensed. We also provide the source code no questions asked once our invoices are fully paid. [Of course, if anyone else makes changes our warranty no longer applies]

I'm aware of only two case where our code was used beyond the terms of our license and in those cases, letters from the lawyers solved the issue.

Lincoln
--
Lincoln King-Cliby
Commercial Market Director
Sr. Systems Architect | Crestron Certified Master Programmer (Silver)
ControlWorks Consulting, LLC
Crestron Solutions Provider

-----Original Message-----
From: Crestron@... [mailto:Crestron@...] On Behalf Of watpaul01
Sent: Saturday, August 10, 2013 4:14 AM
To: Crestron@...
Subject: [Crestron] Re: the handeling of code requests by clients

I am a great proponent of receiving code on take-over jobs, but not a great proponent of releasing my code (was not asked yet)

Example of receiving the code:
None of the keypads are engraved
some keys had multiple functions, press once for Radio, press twice for iPod, Press and hold to turn off, etc.
No documentation whatsoever, none of the cables are marked on dimmers and relays.
none of the cables are marked period ;-)

So on that job, receiving the code was a great time saver.

Example of not wanting to give code out...

I have personally invested a great deal of money on Crestron hardware, and a great deal of time developing custom modules.
This was time between jobs, so not paid by any client.

Now, I have about a dozen highly complex yet instantly customisable modules that can be used to slap together a multi-room system very quickly. Anyone who will see my code will have an epiphany, and all my time spent will be a gift to a competitor...

If anyone will ask for my code, the only chance to protect my time will be to remove the modules, just leave the program skeleton ;-)





--- In Crestron@..., "Gregg M" <jets_in_2003@...> wrote:

How do you guys handles code requests by clients? We know from the questions being asked and the specific requests being made that the client is asking for it for another dealer. I've heard both sides of the coin "we don't give out code" "the code belongs to the client", so I'm just wondering how the group as a whole deals with situations like this


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