Not sure if this is OT or not...don't want to offend, so going OT route.
I've got an arrangement with a friend, here is my understanding of the
arrangement.
For several years, I've been developing an application with the
intention of marketing it. (FYI, it's an inventory control, POS, retail
app.)
My friend has a business, retail, that is a perfect "target" for the
application.
In the beginning, he agreed to serve as a test site, putting up with
bugs, lost data, and loss of "convenience" that comes with a program
that is under development. In the end, he will get free use of the
complete application for his business.
What I get from the arrangement is obvious. Free guinea pig beta testing
in a real-time real-life environment. Not $1 has ever exchanged hands
for the software. And, until now, there has been no written agreement.
(Yeah, bad.)
But, up until recently, all was well. Then, my friend took on a partner
who is now 50/50 co-owner of the business. The new co-owner and I do not
"jive" well. Neither of us would unzip if the other was on fire, if you
get my drift.
The Dilemma
Due to the above and other changes, the friend now wants to
a) pay me a monthly amount to "help" the progress of development (speed
it up) since I've been doing other "paying" work and my development on
this application is "on the side" (since it has produced no income.) My
plan for doing this was to invoice is as a monthly retainer amount for
technical support of their computer systems (which I do for an hourly
charge now). But, I'm not sure this is a good idea...because he then
said that he wants to...
b) get a written document outlining our agreement, and placing the
source code in escrow, and providing a "remedy" ...in case "something
happens". He says it's because the new partner is concerned what would
happen if I were to die (or get mad at them and take my football and go
home.)
I felt much better about (a) above until the situation with (b) was
presented. That's because (b) makes me wonder what the partner's
intentions are (other than some kind of self-preservation.)
Above and beyond everything else, my goal is to retain 100% ownership
and rights and control to the program. I would rather avoid taking the
money than to create a situation that would lead to a legal battle
(which I can't fund, but they can.)
Thoughts? Advice? Warnings? Scoldings?
Thanks in advance.
Mike
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Author: Nicholas Geti
Posted: 2011-04-21 17:00:16 Link
Walk away.
----- Original Message -----
From: "Mike Copeland" <mlcopeland@gmail.com>
To: "ProFox Email List" <profox@leafe.com>
Sent: Thursday, April 21, 2011 4:51 PM
Subject: [OT] Software ownership and payment question
> Not sure if this is OT or not...don't want to offend, so going OT route.
>
> I've got an arrangement with a friend, here is my understanding of the
> arrangement.
> For several years, I've been developing an application with the
> intention of marketing it. (FYI, it's an inventory control, POS, retail
> app.)
>
> My friend has a business, retail, that is a perfect "target" for the
> application.
>
> In the beginning, he agreed to serve as a test site, putting up with
> bugs, lost data, and loss of "convenience" that comes with a program
> that is under development. In the end, he will get free use of the
> complete application for his business.
>
> What I get from the arrangement is obvious. Free guinea pig beta testing
> in a real-time real-life environment. Not $1 has ever exchanged hands
> for the software. And, until now, there has been no written agreement.
> (Yeah, bad.)
>
> But, up until recently, all was well. Then, my friend took on a partner
> who is now 50/50 co-owner of the business. The new co-owner and I do not
> "jive" well. Neither of us would unzip if the other was on fire, if you
> get my drift.
>
> The Dilemma
> Due to the above and other changes, the friend now wants to
>
> a) pay me a monthly amount to "help" the progress of development (speed
> it up) since I've been doing other "paying" work and my development on
> this application is "on the side" (since it has produced no income.) My
> plan for doing this was to invoice is as a monthly retainer amount for
> technical support of their computer systems (which I do for an hourly
> charge now). But, I'm not sure this is a good idea...because he then
> said that he wants to...
>
> b) get a written document outlining our agreement, and placing the
> source code in escrow, and providing a "remedy" ...in case "something
> happens". He says it's because the new partner is concerned what would
> happen if I were to die (or get mad at them and take my football and go
> home.)
>
> I felt much better about (a) above until the situation with (b) was
> presented. That's because (b) makes me wonder what the partner's
> intentions are (other than some kind of self-preservation.)
>
> Above and beyond everything else, my goal is to retain 100% ownership
> and rights and control to the program. I would rather avoid taking the
> money than to create a situation that would lead to a legal battle
> (which I can't fund, but they can.)
>
> Thoughts? Advice? Warnings? Scoldings?
>
> Thanks in advance.
>
> Mike
>
[excessive quoting removed by server]
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Author: Jerry Wolper
Posted: 2011-04-21 18:25:32 Link
> Not sure if this is OT or not...don't want to offend, so going OT
> route.
It's perfectly acceptable [NF], and I'm sure several non-OT people
will have useful things to say.
-Jerry
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Author: Mike Copeland
Posted: 2011-04-22 02:52:06 Link
Thanks Jerry.
Mike
>> Not sure if this is OT or not...don't want to offend, so going OT
>> route.
> It's perfectly acceptable [NF], and I'm sure several non-OT people
> will have useful things to say.
>
> -Jerry
>
[excessive quoting removed by server]
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