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  1. #1
    Join Date
    Dec 2004
    Location
    CO
    Posts
    1

    Default Software Developer's Rights to Code

    Hi there,

    My wife, a software developer, was contracted to program a product last year. She completed her part of the contract (the product met all the agreed upon standards, and was finished within the alotted time.)
    The company did get the product and they are using it.

    However, she was never payed the full agreed upon amount. But in that time in her life it wasn't worth the hassle of getting a lawyer and going through the courts, etc etc.

    A few weeks ago we started our own computer consulting business. And we would like to see about selling the product she created. She still has all the source code, and setup files, and everything. My question is: would the company that contracted her to create the product have any legal recourse against us, if we did sell it?? Is it her Intellectual property? Is it theirs? Does it matter that she didn't get payed?

    Is their someway/how we can change it enough to get around any legal problems, if they exist, as in changing name/logos/color scheme??

    Thanks....

  2. #2
    Join Date
    Sep 2004
    Posts
    758

    Default Re: Question about IP (I think)

    Quote Quoting Mongoos
    My wife, a software developer, was contracted to program a product last year. ... My question is: would the company that contracted her to create the product have any legal recourse against us, if we did sell it?? Is it her Intellectual property? Is it theirs? Does it matter that she didn't get payed?
    It depends in no small part upon the terms of the contract. What does the contract say about ownership? About the resolution of disputes between the parties?

    Quote Quoting Mongoos
    Is their someway/how we can change it enough to get around any legal problems, if they exist, as in changing name/logos/color scheme??
    That, unfortunately, is going to be a fact-specific inquiry - the nature of the work, and the nature and extent of the modifications, and issues of what type of intellectual property are involved (e.g., trade secrets, copyright, software patents) will all affect the answer.

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