[consulting] Contract protection clause

Roshan - Gloscon (Drupal and RoR dev) roshan at gloscon.com
Thu Mar 24 00:30:15 UTC 2011


Bob,

Also have protection that if client does not fulfill their payment
obligation, you would have done work but not got paid. In this case you
should be able to resell the solution to multiple clients and gain lost
revenue.

Roshan
604-630-4292
http://www.gloscon.com
Skype:bpocanada

On Thu, Mar 24, 2011 at 12:18 AM, Bob Morse <bob at morsemedia.net> wrote:

> Thanks everyone for the great thoughts. I had already started the GPL
> discussion and the idea of giving back to the community regarding module
> development. There is some talk of a custom module. For the most part,
> though, this project will not require any custom code, just node types,
> views, forms, rules and triggers. And then the client content. It seems
> including some language that covers any unique business processes that these
> deal with and then a non-compete clause might be sufficient. It almost seems
> like overkill for this particular project, though.
>
> On Mar 23, 2011, at 10:52 AM, jeff at ayendesigns.com wrote:
>
> > One of the first clients I did work for back in 19<cough>, in BASIC
> > <cough,cough>, had 'a system' for picking a horse. He created a database
> > and kept it current with all stats.
> >
> >
> > If I had done it in Drupal, it would be (and usually is with GPL)
> > complex. An application that reads a db, does some calcs and spits out
> > some answers, ok. An application for picking a horse, ok. But the
> > specific pieces of statistics he used, and how he used them, that was
> > his IP. It's not a straight-forward thing protecting IP, but IP, at the
> > end of a day, is the most important asset to any business, because
> > without it, it wouldn't need customers or employees.
> >
> >
> >
> > On 03/23/2011 01:43 PM, netsperience wrote:
> >
> >>   In my contracts and proposals I state that the client is fully
> >> licensed to use the Drupal core and contributed modules code under the
> GPL
> >>
> >> I would further interpret that any custom modules I add to the project
> >> that work with the Drupal framework could fall under the same GPL
> >>
> >> It's also important to carefully read the contract provided by a client,
> >> I often annotate it when it states that client will "own" the code with
> >> a reference to the GPL: http://www.gnu.org/licenses/
> >>
> >> When I explain the reasons, and how the client is benefiting from the
> >> open source code we are using that was created by others, it is usually
> >> not a problem.
> >>
> >> The point in question seems to be more about intellectual property,
> >> probably from a client who recently saw "The Social Network" :)
> >>
> >> Randall Goya (decibel.places) http://netsperience.org
> >>
> >> Drupal: http://drupal.org/user/58977
> >> Twitter: http://twitter.com/decibelplaces
> >> Facebook: http://www.facebook.com/people/Decibel-Places/100000187748486
> >> LinkedIn: http://www.linkedin.com/in/rgoya
> >>
> >>
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>
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