technicality of ownership and rights

[firehawk]

ah well, I bought the server for them and paid for it on my own card and invoiced them which got paid.
I have the access details to the server and I was the one who published the website.

sure, they own the right to images but the main code and everything else including DB - I own. they also dont have the correct software equipment to do the work using the files

there is no technical guy there, there is a new junior dev there but still he doesnt know what he's doing and besides, in order to open the files, the main solution/proj files are needed which arent on the server. infact, there are no code files on the server except for the assembly which has the code in it (and encrypted) so they cannot use that even if they did have access to it (Which, they dont)

[doodab]

Ok, well in that case it seems you have quite a strong hand as they do actually need you to do be helpful. You can explain to them that as owner of the copyright you have the exclusive right to modify and adapt it, unless they want to buy it from you.

Still, I expect they are under the impression that they own the site and will tell you to stick it where the sun don't shine followed by some legal threatening.

If they do that, you can probably obtain an injunction to prevent them using it, make them remove it from their server etc. Of course this does reduce your chances of getting a reference.

[thunderlizard]

They do have the right to a "fair use" of what they've bought. You'd be best off seeing a lawyer to help decide what that means in your situation, because it's very open to interpretation.

For example, if you've sold them a blogging site that they would reasonably expect to be able to update, then you should give them the means to do that for a non-extortionate price. But if you've written them a utility to predict the temperature, sold as such, you don't have to give them the means to adapt it so that it also predicts wind speed.

I think you are in the driving seat on this one.

[firehawk]

thanks. i do too :-)

[firehawk]

ok, got an email from them:

Hi xxxx,

I don’t understand did your invoices not get paid for this work?
Best,


xxxx

I replied saying that I did get my invoices paid, thanks, but this is a different matter altogether as it is about the ownership and rights of the files and I have exclusive rights to them (being the developer and author etc...)
if circumstances were different, then sure, I would have given them over but they are different so therefore, a one off payment must be made for you to have the ownership of the files alternatively you can send me over any change requests and I will be happy to do them at a cost.

[thunderlizard]

if circumstances were different, then sure, I would have given them over but they are different

That bit wasn't necessary.

[MarillionFan]

That bit wasn't necessary.

WTLS.

Keep a simple and to the point. I want X for Y.

Dont go outside that. I want X for Y.

Especially as it will cost you time to do it.

X for Y!

[firehawk]

has to be said :-) but I did NOT put that in the email.

[firehawk]

so now they are asking how much it would be "out of interest"

hmm. I think when they see the figure they may say "no thanks" but they do need the files.....

[thunderlizard]

They probably don't need them as badly as all that. Presumably they were managing fine without any of it a few months ago.