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IPR database and its contents

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    #11
    that's it - it says nothing in the contract that they can use it directly.

    The intention of use is through the web interface.

    They just connected without consent and started to make reports outside of the web interface - digging around trying to figure it out.

    To me it appears they are circumventing the licensing agreement by not using the interface provided and by 'digging around' are reverse engineering in what would be considered source code.

    They consider it their data so have given themselves carte blanche to go ahead.

    Comment


      #12
      IPR database and its contents

      You say they are "circumventing the licensing agreement", but then you won't tell us what that agreement was.

      You say that the contract says nothing about them accessing the data directly. That works both ways - if you haven't specified that they can't access it, then they can. It's not just the other way around.

      Next bit of clarification: You say that it is your database structure, but then you also say that you are the vendor. Is the database something you developed, or something that you buy in and sell on?
      Is the reporting tool something you developed, or something you sold them?

      Final (simple) question: what does your contract with them specifically forbid them from doing?
      Last edited by WTFH; 14 October 2015, 17:23.
      …Maybe we ain’t that young anymore

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        #13
        Originally posted by Fishface View Post
        if a company accesses their data which is stored on my database structure which 'on site' - do they need permission through licensing to do so?

        They are connecting directly to the data and running a reporting software on it.

        I had no idea until they informed me it had errors and asked 'how it works'. - is this seen as 'reverse engineering'?

        The intended use of the database structure is through a provided web interface.
        WTF are you talking about?
        What happens in General, stays in General.
        You know what they say about assumptions!

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          #14
          +1, In the quiet words of the Virgin Mary, come again?

          Comment


            #15
            Originally posted by WTFH View Post
            You say that the contract says nothing about them accessing the data directly. That works both ways - if you haven't specified that they can't access it, then they can. It's not just the other way around.
            how do you come to that conclusion? I cannot use their data for any purpose, it is their intellectual property.

            Both my structure and their data are confidential proprietary information belonging to two separate entities.

            I grant license for specific use only, they cannot modify or add without consent.

            Its a gray area that I thought some may have experienced before - I guess not.

            Comment


              #16
              Originally posted by Fishface View Post
              how do you come to that conclusion? I cannot use their data for any purpose, it is their intellectual property.

              Both my structure and their data are confidential proprietary information belonging to two separate entities.

              I grant license for specific use only, they cannot modify or add without consent.

              Its a gray area that I thought some may have experienced before - I guess not.
              Without seeing the details of the Licence, the terms of use and service and any other underlying agreements and contracts then it's impossible to even guess who's right, wrong or acting reasonably.
              You have had advice on a potentially very complicated issue commensurate with what you've paid for, namely nothing. Reviewing agreements and arriving at an acceptable solution is the province of quite expensive commercial and legal expertise. Without sight of the documents it's impossible to start let alone advise.

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                #17
                Originally posted by Fishface View Post
                that's it - it says nothing in the contract that they can use it directly.
                But....nothing to say they can't.
                As others have said, impossible to comment further, as we have no visibility of the agreement.
                The Chunt of Chunts.

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                  #18
                  Originally posted by MrMarkyMark View Post
                  But....nothing to say they can't.
                  As others have said, impossible to comment further, as we have no visibility of the agreement.
                  This.

                  If there's nothing in the licence agreement to say how they MUST access the data, then you're on thin ice my pedigree chum.
                  The greatest trick the devil ever pulled was convincing the world that he didn't exist

                  Comment


                    #19
                    Originally posted by Fishface View Post
                    I grant license for specific use only, they cannot modify or add without consent.

                    Its a gray area that I thought some may have experienced before - I guess not.

                    Some of us DO have experience in the area, hence my questions - most of which you have chosen to avoid answering.


                    What have you specifically granted license for?
                    What have you specifically prohibited in your license agreement?




                    So, did you develop the database, or the structure of it?
                    Did you develop the front end?
                    Did you develop the reporting software?


                    What specifically did you develop, what specifically did you re-sell to them and what specifically is stated in the license agreement?
                    …Maybe we ain’t that young anymore

                    Comment


                      #20
                      I'm not asking for advise, I would go to a lawyer for that - I was asking if anyone had a similar experience and relate that.

                      'Thin ice' as someone pointed out seems to be true, that's where I am, just need to make it in my favor.

                      Ultimately, if they are not going to ask for consent then I am at liberty to change the tables, columns, statements etc obfuscate and screw their endeavors.


                      Sorry, I'm not going to post the licensing agreement or the details of it on a contractors forum.

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