On August 27, 2008 at 00:13, doopid said...
I know this has been covered several times in the past
but there was no clear answer.
My situation is not unique to the masses but new to me...
I installed an extensive Crestron system a couple of years
back. I naturally provided a completely customized program
for the client. I've maintained the system for the client
all this time. This client is one of the nicest, finiest
clients anyone could have. (for the record)
I have written some convenient modules for myself to simplify
my programming over the years and implement them into
ALL my code writing for all my jobs.
The client sells his home. New home owner asks me to come
in and "tidy up" a few things to his liking. After a
few visits, several scheduling conflicts, conversations
about how he can get "that" item for less, new home owner
gets pushy, no longer wants me to do the work and just
wants the program so he can get someone else to do the
work.
I say he does not own my "intellectual property" mainly
because it's; my code, my modules. He, of course, says
he owns the program.
Aside from not knowing what the arrangement was when he
bought the home... (I'm sure this topic did not come up),
he says he'll have his lawyer contact me. I explained
I have no contract or liability to you whatsoever. As
a matter of fact, he owes me for my services performed,
in the mean time. (Waiting for TV services to become available).
One does not go to KFC and ask Col. Sanders for his batter
recipe so they can make their own fried chicken.
I'm not budging on this. I've worked too long and hard
(self taught) on this Crestron programming, that I should
just give it away. It's not for sale.
Have you worked on/modified the program since the current owner took possession of the system? If so, that could be a potential 'in' for the new owner to claim that you haven't fulfilled your contractual obligations to him [assuming the work is not 100% complete and/or the system not 100% functional].
Regardless, he cannot demand to take possession of the source code. The *most* you owe him is a fully functioning system operating to the specifications of the contract you have with him OR functioning as it was when he took possession, not the code that causes the system to function, unless you have a contract [with him, not the previous owner] specifically stating otherwise.
Regarding the ability to retrieve a program from a Crestron processor. You can do it, but you'll only have the post-compiled code. This would allow you to [potentially] replicate the system, but not make modifications. To make modifications you'll need the original SMW file [plus any modules, IR files, etc...]. Same goes for the touch panels. It is possible to reconstruct the [post compilation] VTZ file from the panels directory, but any modifications would require the VTP file.
If presented with a situation like yours, assuming all my contractual obligations were fulfilled, I'd tell the owner that he had 2 options, with regards to doing business with me and/or obtaining the source code...
1) Continue to work with me to make the system function as he desires, with the understanding that additional language [and dollars] could be added to the contract that would allow him to take possession of the source at the completion of the project.
2) Negotiate a sell price for the source code, as is [again, assuming the system is functioning and/or all existing obligations are met]. This assumes you did not have a previous arrangement where by the original owner had ownership and sole rights to the source code.
My personal [and corporate] policy is that pre and post compilation code will be provided upon request [at no additional charge], *only* to the party that contracted me to write the code and only after all contractual obligations have been fulfilled [code working, bills paid].
Last edited by Steve Kaudle
on August 27, 2008 11:35.
