Open-sourced question

[michele]

A customer of mine had a database developed.

Unfortunately it didn't work properly and they stopped working with this developer.

They had to pay a certain extra amount to get the database open-sourced.

Then they came to me, I fixed the database and told the customer it wouldn't be open soured anymore after I made the changes because the way I develop is part of my trade secret and I don't want the customer to make changes in the scripts so that I have to fix it later when it doesn't work anymore (this might sound a little harsh, but I hope you know what I mean). Now the customer claims he didn't know I told him this and wants me to give him an open sourced version.

Maybe it's usefull to know the customer wants to make a business out of selling this database.

The passwords I use are in a safe place and if ever anything happens to me or I stop developing my customers will get these (now they have a good reason to kill me )

How do you deal with this kind of situations?

What do you think about the open-sourced topic in general, how do you protect your solution, how do you protect the solution you offer on an existing database that wasn't developed by you?

Thankyou for reading and considering my question.

[Anatoli]

Everyone has to pay bills, you, and me, your customer.

If you don't have written contract, it will be hard. In any case, he/she cannot market your copyrighted work, without your consent.

I will give couple of options.

1. Pay me my fee for having all rights.

2. Pay me percentage commission from each sale

3. Let me also sell this solution independently with each of us have copyright for part of the system.

4. Call it a day and return to square zero. He/she has nothing and you lost your time.

The no. 4 is hard on you, but it is not unfair to him/her and it will be good bargaining position.

RE: after I made the changes because the way I develop is part of my trade secret

IMHO this doesn't held any value. Do not take it personally, but unless you are undiscovered FileMaker Guru, it is always just the work involved. Look, we are all sharing our best tricks here for free.

Your input is for single solution is let say 1000 dollars.

If someone wants sell that, he/she must pay, that is clear.

[Steven H. Blackwell]

Intellectual property rights laws vary from country to country, so it's good to have these items reduced to agreement in the contract or Proposal.

That said, if the custoer is determined to have acess to the file, the customer will have that access, as can any other developer.

Old Advance Man

[Fitch]

It sounds like you mean "open-sourced," not in the sense of Linux, but that the client will own the rights to the source. I don't see anything wrong with that in principle. The problem is that there was no agreement in writing, and if the chronology you gave is correct, then I'd say you're not in a strong position. Did you know in advance that they wanted to make a business of selling the database, and yet not make a written contract? That's almost unbelievable. But what's done is done -- Anatoli summed up your current options very nicely.

I too would be curious as to what you consider "trade secrets" of FileMaker. The way you name your scripts? The calculation you use for birthdays? I know you don't want to reveal your secrets, but can you describe their general nature?

[michele]

Thankyou for your remarks and advice.

I feel Anatoli's reply is very usefull, as it's partly what usually happens, the customer just pays a fee for all the rights.

Fortunately there is an agreement. But it was the first time a customer argued about it.

I agree that we 'openly' share our knowledge and advice here. Which I think is wonderfull, I even actually think fmforums and the people here are the best of filemaker on the web, and if I can help I surely will. But it's always only a part of the solution we offer, the one we struggle with or wander about. The way we build/design/create a solution is, even though we use the same tools, proper to our way of looking at a database.

When I work on solutions of others I can really feel the way he or she works, a pattern, which often differs of mine.

That's what I understand by trade-secret. This to explain what I mean, not to prove I'm right.

[danjacoby]

quote:

---

Originally posted by Anatoli:

2. Pay me percentage commission from each sale

3. Let me also sell this solution independently with each of us have copyright for part of the system.

---

#2: Very tricky -- I've never done this, and probably never will. The problem is verifying the sales records. Unless you're working with a company with a history of paying commissions, like a reputable publisher, I'd stay away from this situation.

#3: Better, since you have control. A variant of this solution is to offer a discount to the customer in exchange for being able to market what you've done for them, and/or a commission on the first "x" number of sales. This way, you don't have to be sending them money indefinitely.

Other than that, I think Anatoli is dead on ... and we haven't always agreed on philosophical questions, so this is a red-letter day!

[Anatoli]

You are absolutely right, that will be tricky. There is good part, that the writer/author is trying to be sensible and honest.

I've produced record 20 years ago. It is selling till today.

So far 1 400 000 copies. All I get in that time under communists was 100 dollar fee. Not single penny after that. Isn't that tricky?