How to draft a software development agreement that uses some Open Source components?
By Daki - Last updated: Friday, February 13, 2009 - Save & Share - One Comment
sun482 asked:
I’m trying to draft a simple software development service agreement where the work involves building a software that shall be using some open source components licensed under Creative Commons License. So, I’m wondering if the one i drafted below is sufficient?
I’m trying to draft a simple software development service agreement where the work involves building a software that shall be using some open source components licensed under Creative Commons License. So, I’m wondering if the one i drafted below is sufficient?
7 INTELLECTUAL PROPERTY RIGHTS
7.3 Certain right, title, and interest in and to the Software modules as set out in Schedule 1, including rights in copyright that may subsist therein, shall belong to the Customer, except for the part of the Software that are licensed under a Creative Commons Attribution 3.0 License (http://creativecommons.org/licenses/by/3.0), or GNU General Public License (http://www.gnu.org/licenses/gpl.html) or any other licenses stipulated in Open Source Initiative (OSI) (http://www.opensource.org/licenses).
Hi deonejuan,
Thus, in my agreement, is my Clause 7.3 sufficient?
kuapp.com/
Posted in Misc • Tags: Intellectual Property Rights, Open Source Initiative, Software Development Agreement • Top Of Page
Comment from deonejuan
Time February 13, 2009 at 8:24 pm
Read the GNU, OSI and the CCA. They usually state you are free to merchandise the results as long as you retain the /* comments section(s) */, that you acknowledge original authorship and that the end-user also agrees to the GNU and CAA and OSI to use the product. Should you modify the GNU, OSI or CAA modules, YOU agree to post your changes for others to evaluate. But, if you write a wrapper app, that is yours and the agreement you make with the end-user.
Also, most modern EULAs are cleverly worded to LICENSE the software so that support can be discontinued without further notice, that the software is not intended to run medical equipment, nuclear reactors, blah, blah, blah.
Most Microsoftheads never realize they don’t own Windows, they purchased a license to vaguely use the product for an undeterministic length of time. Legally, Windows cannot not be sold as used merchandise.
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I would opinion (I’m not a lawyer btw) that conveyance of copyright opens up a whole new can of worms. I resort to my original supposition that software is “licensed for use” by the customer. The “license” becomes the tangible, legal issue.
My personal experience which I’ve learned the hard way about contracting. I did the software, but I used the temp employer’s hardware. What he gained was the resale of my sweat. It’s the little things, like using their hardware, even if it is a portable computer. Just thot u’d like to know.