I definitely think these types of discussions are best had before work begins, and should be part of the contract between you and your client. Here's the wording from our standard contract:<br><br>-------------<br>Proprietary Rights.<br>
The Drupal software programs (comprised of core software as well as additional community-contributed modules<br>and theme software) (herein referred to as “Drupal”) used by Consultant are licensed under a GNU General Public<br>
License, and all developed code and techniques derived from Drupal shall be licensed in accordance with the<br>applicable GNU General Public License. Further, developed code and techniques derived from Drupal shall be<br>
contributed to the Drupal community for public use unless specifically agreed upon in writing by both parties prior<br>to development or it is agreed that such code would not provide benefit to the community. Developed code, when<br>
contributed back to the Drupal community, can be attributed to both Consultant and Company as appropriate.<br>Developed code and techniques not derived from or natively integrated with Drupal shall not be contributed to an<br>
open source community without express consent from Company.<br>-------------<br><br>This almost invariably makes the contract negotiations take longer, but in the end they are sold on the ideas that it is 'the right/profressional way' to work in Open Source, and we won't sacrifice working in the 'right way', as well as the long term maintenance costs of maintaining your own code.<br>
<br clear="all">--<br>Alex Urevick-Ackelsberg<br>ZivTech, LLC<br><a href="http://zivtech.com">http://zivtech.com</a><br><a href="mailto:alex@zivtech.com">alex@zivtech.com</a><br>office: (267) 940-7737<br>cell: (215) 866-8956<br>
skype: zivtech<br>aim: zivtech<br>
<br><br><div class="gmail_quote"><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">From: David Metzler <<a href="mailto:metzlerd@metzlerd.com">metzlerd@metzlerd.com</a>><br>
To: <a href="mailto:development@drupal.org">development@drupal.org</a><br>Date: Mon, 13 Jul 2009 06:42:29 -0700<br>Subject: Re: [development] Convince Client to Release Code<br>Although the links provided touch on this. The most successful argument I have used is that the client may be able to defer and/or share the maintence costs of the module. The first time that they don't have to pay a developer to upgrade the module to the next major rev of drupal (because someone else has contributed the port), this can be a powerful argument. Of course as others have already mentioned, it should be pointed out that they are taking advantage of other consultants paid development by using drupal, and that it is fairly common practice for code that is paid for by other organizations to be released back into the drupal community.<br>
<br>
There are many success stories to be told, where an important feature to a contributed module was developed (and therefor paid for) wholly by another person. Depending on the complexity and reusability of the module, they may FULLY recoup the cost of development in maintenance cost savings. I often describe open source software as bartered software developement, where you lose the overhead associated with contract management. ;)<br>
<br>
Given all that, continue to point all this out, every time you get an opportunity. Sometimes it takes a while to sell, and the proprietary module could be released into the community at any time. No rush.<br>
<br>
I'm still selling it at my shop, not cause the people don't get it, but because its an easy thing to take for granted. It's the bills you pay that get your attention, not the ones you manage to avoid.<br>
<br>
Good luck, and keep trying....<br>
<br>
Dave<br>
<br>
On Jul 13, 2009, at 6:06 AM, Fred Jones wrote:<br>
<br>
<blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">
Regarding the legal issues here, it's definitely interesting and I<br>
will now take care to make contacts, but as far as this job, we have<br>
no contract but anyway the owners of this group are friends of ours<br>
and there is no fight going on--we just suggested to release the code<br>
and they asked us not to. So now we have to convince them to agree. :)<br>
<br>
<blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">
I think your job is to let him understand the advantages of having<br>
such modules "supported by the community" and what does it mean<br>
"replicating and maintaining your work".<br>
</blockquote>
<br>
So that's what I'm asking about here--I can tell him the advantages are:<br>
<br>
1. Testing and Bug reports.<br>
2. Potential patches being submitted that he won't have to pay for.<br>
<br>
That's what I know. What does "replicating and maintaining your work" refer to?<br>
<br>
<blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">
Does the client have a site/service that would be of interest to the general<br>
public? If so then I would try to sell it from the angle that you can<br>
release the module with a "supported by" attribution that links back to them<br>
from the D.O. project page. That could help give them more recognition and<br>
give their company a higher standing within the O.S. community.<br>
</blockquote>
<br>
No, their service is only for other organizations in their particular<br>
business. I don't think a link on d.o will interest them *at all.* I<br>
would like one, but I'm a nerd. lol.<br>
<br>
<blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">
Does he realize that he's the beneficiary of millions of hours of work<br>
paid for by others?<br>
</blockquote>
<br>
Of course he realizes that. Does he care, however? Seems like not. :(<br>
<br>
Well, it could be that he knows and appreciates BUT he still doesn't<br>
want to lose his own money over it. lol.<br>
<br>
<blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">
See this related article:<br>
<br>
<a href="http://civicactions.com/blog/" target="_blank">http://civicactions.com/blog/</a>most_important_decision_developing_site_Contributed_vs_custom_development<br>
<br>
and the "Contribute back" section here:<br>
<br>
<a href="http://drupal.org/node/51169" target="_blank">http://drupal.org/node/51169</a><br>
</blockquote>
<br>
OK, great--this is the kind of thing I was looking for. Thanks.<br>
<br>
Fred<br>
</blockquote>
</blockquote><br></div>