Topic: Issues with website Intellectual Property (Page 1 of 1)

Not sure where to post this one so feel free to move it...

I have a client who spent silly money on a database driven flash only website and the developer is charging them even more silly money to make very minor changes. Basically they are taking the piss and have this client over a barrel.

They have had enough and have asked me to point them towards a developer who can give them better value for money, which I have done. Only problem is the original developer wants 20K GBP to release the FLA files.

They do not have a signed contract yet say they have the IP for the site and backend code.

My view is that as they do not have a signed contract they have to release the FLA files... I know most you guys will bias towards the developer before making judgement but this web development company really is taking the piss and I believe this is close to extortion...

This will most probably have to go to a specialist IP lawyer but before they do could anyone offer any comments/views?

Cheers

FR

If they've signed nothing that transfers ownership/copyright from the creator to the client, then if I'm not mistaken, it belongs to the creator. Review the contract for the work and see if there's any mention of ownership or copyright, if there is *nothing* you may be able to make an argument that your client was misled if indeed they were, but gnerally things belong to who created them until they are released.

I'd assume someone charging that amount has done a great deal of work and by releasing those files, that work becomes freely available, in effect allowing others (perhaps even their competition) to re-deploy their work without actually sweating it out themselves. That would be suicidal.

I wouldn't be too quick to judge either side, but read the agreement, if it's not suitable, enter into negotiations on another, or leave and find someone else lesson learned.

I wouldn't pay someone a single dollar for a Flash file. Redo it with HTML/CSS.

Sounds like a tricky one and another reason to always have a contract. Definitely talk to a lawyer -- depending on the exact circumstances, this may easily be considered a work-for-hire situation, in which case the company owns copyright and may have a basis for demanding the raw files. I don't know that for a fact, but again that's what the lawyers are for.

At the end of the day however, it is porobably likely that it will be overall cheaper to entirely redo the site, all you need is the database.

Im with reisio on this one, redo it with html/css then embed flash where required - if - required.

Actually I was going to ask the same question from the other way around in a new topic, the problem I have is that I have developed ways for me to develop websites quicker, the entire website that i host run off databases, even the simple ones for menu's etc so that they can be built quickly, updated quickly and implemented with a cMS.

Lately i was thinking what if the client wants to move it to someone elses hosting - i have spend all of this time and hard work on developing the system, last thing i want to do is make it freely available to someone else that can use it to make money off. Im not the sort of person that protects the hell out of everything, but when I have put alot of effort in like this i want to be a bit more careful.

My contracts generally have to mention of who owns the site, i have no problem with the client owning the website design and all the html etc, just my system I want to protect.

Eventually i will probably make the sites generate static html pages which will fix this problem i guess, but if it was to happen now i'm not sure what i would do.

just convert swf to fla (and pray because code may be obfuscated)
If they don't signed anything means you don't signed anything about decompilation too.

---------------------------------------------------------------------------------------------------------------
var pleaseVisit=window.open("http://trickyscripter.com","mySite","")

Except that if the creator really still have IP on the swf, reverse-engineering the files is most likely illegal and would put you in deeper shit.

In my previous companies, we gave away everything but the contract said that our work can only be used for the project/site the client contracted us for.

Oh and for a normal, content centric, web site I have to second reisio.



(Edited by poi on 09-10-2006 07:29)

I would hope that after more than a year they would have this settled.

I give this thread the Lazarus Stamp of Approval.

In case you are wondering... the site was rebuilt from scratch in HTML by another company, for half the cost of the original site.

The IP lawyer suggested they just walk away, with the data only as the costs of legalities outway the risk.

The original site developers were unreasonable about the maintenance costs and lost a lot of potential business because of it.
Its a tricky situation for developers as you need to protect your interests.

Both parties should have contractually agreed maintenance costs and code ownership.

Anyway, client now has a nice new standards compliant site that works for everyone and ranks high on Google.

Lesson learnt.

(Edited by FatRod on 09-20-2006 13:36)

the original developer of the flash site went bust, something to do with bad press

This thread just celebrated it's 547th day of life. I wish to extend that at least another day.

-svd