[AccessD] Database Patent

Arthur:
USA is reverse - as a contractor, client owns my code and re-sell rights
(work-for-hire) unless I specify otherwise in the contract.  Some I know
include this in all contracts; I do also when I sense a re-sale potential.

Steve


-----Original Message-----
From: accessd-bounces at databaseadvisors.com
[mailto:accessd-bounces at databaseadvisors.com] On Behalf Of Arthur Fuller
Sent: Monday, September 10, 2007 4:23 PM
To: Access Developers discussion and problem solving
Subject: Re: [AccessD] Database Patent

I'll add a tidbit to this thread, which may apply solely to Canadian
developers, but anyway: when a freelancer such as myself contracts with a
corporation to produce software, unless the contract specifically states
that I am comissioned to write software that will be owned by said
corporation, the courts deem that the software is the freelancer's.

This came up recently, because I just completed an app for stable owners (
i.e. riding lessons etc.). It was by no means a complicated app, but my
investigations revealed that there is almost no competition, and the person
who hired me already owns the competitive product, and hates it so much that
she hired me to replace it. I don't think I can grow wealthy from this one
app, but there are quite a few riding stables around, and the fact that I've
got a disgruntled user's perspective on the competition, led me to think
about the possibilities. So I pointed out to her the existing Canadian law,
but I'm not a mean person, so I even volunteered to give her a slice of
whatever action ensues. She just said, "Go for it, and give me a free copy
of each new version." "Deal," said I.

Other than researching the competition, I haven't done anything about
scouting new customers. But I do know horses and I worked at a riding stable
for eight years when I was a teenager, so I know what is required from the
software.  To be frank, I don't think the competition did. What they wrote
sort of works, but makes many things much more difficult than they ought to
be, and reflects no sense of what you would typically do most often. My
software does. It's not rocket science, for sure. In fact, it's one of the
easiest apps I've ever written. It would be splendidly ironic if it made
more money for me than some of the really complex stuff I've written. But at
the end of the day, you must remember Fuller's Fifth Law: money never
arrives at an inopportune moment.

A.
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