[consulting] Contract protection clause

Joe Murray joe.murray at jmaconsulting.biz
Wed Mar 23 15:51:30 UTC 2011


You might try a non-competiton clause, where the focus is not on working
with named competitors. You have to watch for GPL violations in the terms of
your contract. It is theoretically possible to avoid GPL violations by doing
code that only writes to APIs rather than modifies other code that is
integral to the project, or by using data (ie configurations in the
database). Of course, this is not legal advice, and you should consult a
lawyer.

Joe Murray, PhD
President, JMA Consulting
joe.murray at jmaconsulting.biz
skype JosephPMurray twitter JoeMurray
416.466.1281

Message: 4

> Date: Wed, 23 Mar 2011 08:44:23 -0700
> From: Bob Morse <bob at morsemedia.net>
> Subject: [consulting] Contract protection clause
> To: consulting at drupal.org
> Message-ID: <33DA2428-972C-4A75-AE33-97BACA672CB9 at morsemedia.net>
> Content-Type: text/plain; charset=us-ascii
>
> We have a client who is concerned with protecting his new Drupal website we
> will be developing. He is asking for a clause in the contract that somehow
> states we will not turn around and sell his site with a new design slapped
> on top to a competitor. I'm not sure how to separate out, ahead of time,
> what would be very common elements and what would be unique based on the
> internal processes of a competing business.
>
> How might I write something that assures the client we won't resell the
> unique aspects of his web application without also writing something that
> prevents us from making a website for another company that uses many of the
> same elements but with the details being unique to that company's internal
> process and interactions with clients?
>
>
>
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> End of consulting Digest, Vol 62, Issue 16
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