Rocky Smolin at Beach Access Software
rockysmolin at bchacc.com
Thu Jun 19 12:37:54 CDT 2008
I don't see any way to avoid a lawyer at this point. But a good transactional lawyer will be able to structure an agreement which will protect your rights and make the client happy. Rocky Smolin Beach Access Software 858-259-4334 www.e-z-mrp.com www.bchacc.com -----Original Message----- From: accessd-bounces at databaseadvisors.com [mailto:accessd-bounces at databaseadvisors.com] On Behalf Of Jennifer Gross Sent: Thursday, June 19, 2008 10:55 AM To: 'Access Developers discussion and problem solving' Subject: Re: [AccessD] OT: Abducted by Aliens Scenario Hi Rocky, Thanks for this. The issue was actually brought be me by a client - how would they maintain continuity if I suffered severe illness or injury. The issue of copyright comes up in my mind when trying to handle this because I had a client who had the MDB files, severed their relationship with me and then tried to sell the code for a substantial amount. Enough that I got attorneys involved, fought it and won. Basically my way of handling things is the same as yours (except for the computer manager). I am concerned that in developing this 'emergency plan' for my client I will inadvertently be giving them some sort of rights to the code, as my previous client asserted they had because I was providing them backup disks of the MDBs. This particular client that wants an emergency plan has a system in place that others in their industry have already approached me to adapt the system for their organization. It has a viable market that I have not yet tapped. I know that this is a contractual issue that will have to be negotiated and incorporated into 'the plan'. Jennifer -----Original Message----- From: accessd-bounces at databaseadvisors.com [mailto:accessd-bounces at databaseadvisors.com] On Behalf Of Rocky Smolin at Beach Access Software Sent: Thursday, June 19, 2008 8:36 AM To: 'Access Developers discussion and problem solving' Subject: Re: [AccessD] OT: Abducted by Aliens Scenario Short answer - nothing. If I die my clients, who all have mdbs, will have to find another Access developer. What I have done is try to make my code as clear and commented as possible for whoever takes over. Otherwise they're on their own. There's nothing in there that's really so valuable that it represents an asset to my vast estate or something that my lucky heirs could turn into cash. Most of the good stuff I got from the list and the ADH anyway. :) I do have a commercial product which is distributed in an mde. I should probably escrow the code but I haven't. It's probably overkill. In the event that I kick, there is a guy I have asked to come in and manage my computer - notify people, do whatever support he thinks is needed, while Pundit figures out what to do with the product. Frankly, when I die, so, I think, does E-Z-MRP. So I don't worry about it now. And when I'm dead I won't worry about it either. Rocky Smolin Beach Access Software 858-259-4334 www.e-z-mrp.com www.bchacc.com -----Original Message----- From: accessd-bounces at databaseadvisors.com [mailto:accessd-bounces at databaseadvisors.com] On Behalf Of Jennifer Gross Sent: Thursday, June 19, 2008 10:18 AM To: AccessD List Subject: [AccessD] OT: Abducted by Aliens Scenario Good Morning Everyone, For all of my clients I am their single point of contact for MS Access database development, modifications, complex queries, etc. I suspect that a lot of you are as well. I am interested to know what contractual and physical processes as emergency steps that you have in place to provide a modicum of continuity to the client should you be abducted by aliens or hit by a bus and no longer able to fulfill your role for your clients. How are you handling intellectual property issues? Do you install MDB or MDE to protect your copyright? In my thinking, if I were to suddenly go to the great beyond my children should inherit my copyrights as some of the systems that are single installs for my clients have the potentiality of being marketable software packages. In addition, each stand alone system has intellectual property value in and of itself. My newer contracts specify that I am only providing a license to the client to run the code. Older contracts are silent on this issue, which I have learned through legal battle means that I own the copyright. Also, aside from the copyright issues do you provide your clients with a list of individuals who could step in if you are out of commission, a means to access backup files, developer password information and any other issues that you have considered should aliens carry you off in the night. Thanks in advance for your thoughts, Jennifer -- AccessD mailing list AccessD at databaseadvisors.com http://databaseadvisors.com/mailman/listinfo/accessd Website: http://www.databaseadvisors.com No virus found in this incoming message. Checked by AVG. Version: 8.0.100 / Virus Database: 270.4.0/1507 - Release Date: 18/6/2008 07:09 -- AccessD mailing list AccessD at databaseadvisors.com http://databaseadvisors.com/mailman/listinfo/accessd Website: http://www.databaseadvisors.com -- AccessD mailing list AccessD at databaseadvisors.com http://databaseadvisors.com/mailman/listinfo/accessd Website: http://www.databaseadvisors.com No virus found in this incoming message. Checked by AVG. 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