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Disclaimer/ legal Website scripts ownership

         

henry0

9:23 pm on Oct 6, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



I am in a quandary regarding how protecting my scripts

I have created a CMS template system (PHP MYSQL) that allows on a click
(After payment!) To create and manage a full website

I spent a lot of time putting it together and I have a concern:

The user that paid for it is indeed in title of the site that is hosted by me.

If for some reason the user decide to deal with someone else and have its DN moved to another hosting Co. of course I cannot refuse but then my scripts becomes ready to be copied although the engine that loads them is not available
But by copy and paste my scripts will be reusable for whatever

I never had that thought before is the user in title of the scripts?
Or is there in my case some disclaimer that could (Possibly) protect me?
possibly by contract mentionning that scripts are not to be duplicated unless purchasing a license?

Regards

Henry

Sanenet

9:19 pm on Oct 7, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



It all depends on the local Intellectual Property acts in your country. Ideally, the copyright / ownership issues should be dealt with in a contract signed, and witnessed, before the client purchased your system. If he's already paid for the work, then I believe he now owns the work by default. You should check it out with a specialised IP lawyer.

On the other hand, maybe you could encrypt your pages? That way, the client gets to use your CMS, but if he moves away from you he doesn't have access to your source code.

henry0

10:06 pm on Oct 7, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Thank you
Actually I did not market it yet

I am enclined to set up a contract with provisons for or not for purchasing the script as an upfront or later choice

therefore without purchase options I shall retain script ownership - I know it is almost impossible to enforce but at least it will make me feel better!

regards

Manish Singh

7:48 pm on Oct 12, 2004 (gmt 0)

10+ Year Member



You may consider encrypting the script and enforcing a license agreement. The code will be licensed and not sold to the licensee. Licensee may be able to use your script under certain terms and condition. If the user fails to comply with the Terms and condition, you may cancel his/her license.

henry0

9:22 pm on Oct 12, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Manish Singh
I like your description
sounds like something I will then implement
thank you

Henry

Sanenet

9:23 pm on Oct 12, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Just make sure that you get that contract signed. It might be worthwhile getting a lawyer to double check it beforehand!

Manish Singh

4:49 pm on Oct 13, 2004 (gmt 0)

10+ Year Member



I believe adding the line "By downloading/using our product you agree to the license agreement on site" should also be enough. But yes signed contract would be more safer approach.

henry0

5:09 pm on Oct 13, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



I will indeed have my lawyer reviewing my draft of contract
and adding the line disclaimer (by D-loadind etc..) will be an added bonus!

thanks for your inputs

Henry