RE: [PHP] Genus who came up with "Self Destruct Code" & "Copy Protection"

From: Date: Tue, 07 May 2002 22:23:25 +0000
Subject: RE: [PHP] Genus who came up with "Self Destruct Code" & "Copy Protection"
References: 1  Groups: php.general 
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It seems to me that most people are trying to find technical solutions to a non-technical problem. I can't speak for anywhere else in the world, or for that matter, too many other places here in Australia, but in Queensland (where I live) there are laws relating to work and payment for that work. The short description is: 1. You need a definite signed agreement between both parties - this should outline issues such as ownership of the work produced, any relevant transfer of ownership (ie. Copyright), schedule of payments, significant deadlines, penalty clauses if appropriate etc. 2. You need to be able to prove that you have met any deadlines given above. 3. You need to be able to show that you have taken reasonable steps to recover any outstanding debts - letters, email, records of phone calls (date, time, who you spoke to, what they said). 4. At this point you can institute legal proceedings. In Queensland you can do this for minimal cost to you - our solicitors charge us something like 10% for debts under $500 and a flat fee over that. You can file the claim yourself for debts up to about $5000. The claim is filed with the court and the person who owes the money is served with legal documents notifying them of the claim. There is a date by which they must pay the debt (including all legal fees) or the matter will go to court. It's the court bit where you need to be able to prove what you have done. I know this sort of thing can be done in most states in Australia. Oh, and be careful on assigning copyright - if you hand over copyright to your work you are technically no longer able to use anything from that project on any other project. So, if you use a standard set of functions, or user management module, in all projects and you have assigned copyright to your client then you can no longer use those tools - this is a legal opinion that we obtained as a result of problems with one client. What you should do, generally, is retain copyright over the design and tools used but assign a non-expiring license for the client to use that design. If they choose not to retain your services further (ie. Get someone else to redesign their web site) then they have to remove your work in the process. If you approach these things from a sound business perspective you will find that you eventually win over the client who doesn't want to pay you. In the process you'll find out which clients you are better off not dealing with. Find the clients that are worth dealing with and you'll have far fewer problems. CYA, Dave

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