All Questions
Tagged with contract-law software
57
questions
0
votes
1
answer
49
views
USA Employment Law: Job Search with Moonlighting
I am a Software Developer contractor but I also want to have my own side-hustle business. This side hustle business might contain programming, research or developing new software products. However, it ...
- 3
1
vote
1
answer
294
views
Can ex-employer ask/require in a severance agreement that if I plan to disclose information about the severance agreement, I must tell them first?
Can a severance agreement ask/force an employee to inform the ex-employer if they plan to disclose the severance agreement?
My understanding is that the National Labor Relations Act allows me to share ...
- 111
2
votes
0
answers
91
views
Are there any cases that establish a precedent regarding software patching?
My question concerns the legality of "software patching", specifically making changes to the compiled code of an existing third-party software application in order to alter its behavior. My ...
- 131
2
votes
1
answer
130
views
Is a Windows license valid on a "computer of Theseus"?
If I buy a computer with a Windows license, and then replace every part of the computer one at a time (cloning the old hard drive to the new one then erasing the old one, or reinstalling Windows on my ...
- 17.1k
15
votes
5
answers
6k
views
Is it considered a breach of confidentiality if data is uploaded to a website which only makes that data available to the uploader?
I'm a developer working at a company that handles sensitive banking information and recently, I've had troubles organising my code and thus posted it in a private repository on Github, which only I ...
- 153
2
votes
0
answers
30
views
Are there specific laws regarding selling code that executes financial trades?
If I want to start a business selling custom trading code for e.g. stocks/crypto what legal aspects should I be aware of?
Are there general examples of the kinds of contract you might want to absolve ...
- 21
0
votes
0
answers
51
views
Do I own the copyright of a source code if I work only part of it as a freelancer
If a group of freelancers work on a project without a contract from the client(this one refuses to pay), who own the copyright of that source code? I know in the US, one who write the code own the ...
- 101
0
votes
2
answers
66
views
What happens if there is no formal agreement between two app developers
Suppose two people, A and B, developed an ios app together doing equal amounts of work.
Suppose that they don't have any written agreements and never registered a company. A registered himself as an ...
2
votes
2
answers
82
views
Common Practices around Incorporating License Agreements by Reference
As part of my job, I help to negotiate contracts when my company is purchasing software (or hardware with embedded software). For these significant business relationships, we typically negotiate a ...
- 473
1
vote
1
answer
130
views
In software contracts, does "all right, title & interest in & to software" provide more protection than "all ownership right, title & interest in..."?
Seems that the addition of "ownership" here is limiting, but I'm not sure whether it really is or how it is.
If the language "supplier retains all right, title and interest in and to ...
2
votes
2
answers
299
views
Buy a computer/phone from Apple, disagree to the terms of service after purchase; what's the legal perspective
My question and premise are very simple, but the legal perspectives on the answer are unclear to me.
A person purchases an Apple computer/phone product directly from Apple (any device requiring ...
- 21
1
vote
2
answers
318
views
Are there any laws around viewing the messages of the members of a site you own?
If I build a website that has a messaging feature between users, what laws are there governing my behavior as the owner of the website?
That is to say, I am the sole moderator and database ...
0
votes
0
answers
1k
views
Can I flight check-in on someone’s else behalf?
I am not sure if this is the right place to post this and if not please guide me to correct forum.
I am building a software that’ll help travellers with their flights. It’ll auto check-in to the ...
- 101
1
vote
1
answer
46
views
Agreement for voluntary contribution on a non-open source project
I'm the owner of a free, but non-open source, Android app. I have received many offers by my users to voluntarily contribute by translating the app in other languages.
What does this mean by a legal ...
- 119
2
votes
2
answers
73
views
Consulting agreement between my corporation and client also includes me individually
I own a Canadian corporation, which consults on software. Recently, I've been offered a contract with a US company. Instead of making the contract solely with my company, it states that "Consultant" ...
- 133
11
votes
2
answers
3k
views
Can my school force me to use applications or a school-issued computer if I do not agree with the terms of use for that application?
Can my school force me to use applications or a school-issued computer if I do not agree with the terms of use for that application? I do not trust most of the applications that my school requires me ...
- 127
0
votes
1
answer
441
views
Can I sell origin accounts with games on eBay?
I wanted to ask if I can sell Origin accounts on eBay... is it illegal if I sell them? I have 1 account that I don’t use and it has the sims 4 with almost all the packs and I was thinking to sell it ...
- 1
1
vote
1
answer
2k
views
If a licensee creates a derivative work, do they own the work?
This is a follow up to this question asked on freelanceing SE. The background is, I know some clients want to hire an app developer but want to own everything created. As the developer it would be ...
- 23
-2
votes
1
answer
148
views
Hiring part-time IT contractors who are under an IP assignment clause in their day contract
I plan to engage a contract developer part-time in the UK through his own Ltd. He's currently contracting in the day time for a software company. My project is in a very different area. However, that ...
- 505
0
votes
1
answer
57
views
When we are calculating the cost for implementing a new web application, should we have separate cost for providing the source code to the client [closed]
I am working on a new asp.net core MVC web application as an out sourced senior software developer/architecture. now i did many requirements gathering sessions with the client, and i came our with a ...
3
votes
1
answer
922
views
Assignment of Inventions in Employment Contract for Software Development
I have a contract that basically says this in the Assignment section:
To the fullest extent under applicable law, the
Company shall own all right, title and interest in and to all
Inventions (...
- 133
-1
votes
1
answer
72
views
Does binary code need legal protection?
Firstly, sorry if this is not the right tag.
I have recently come in contact with a person through social media and we are discussing a business opportunity.
This person is working in networking and ...
- 1
1
vote
3
answers
239
views
What about if a company use the information that you shared during interview
I am a software engineer in Germany, I had an issue and i don't know how to react:
Several weeks ago i had a job interview with a recently founded startup; I met with a co-founder of startup and we ...
- 113
1
vote
1
answer
439
views
Can an employer steal intellectual property?
Say someone wrote some software PRIOR to employment at the company where they currently work.
They presented it to a CEO and three other high level employees of the company. They expressed, what the ...
- 1,068
1
vote
1
answer
502
views
Client is refusing to pay invoice without W-9
I have been working on a software project for a client for several months. Up until now, there have been few issues involving payment. Now that the project has come to an end, the client is refusing ...
0
votes
1
answer
80
views
Derivative softwares copyrigths from a more generic software
Imagine consultancy C has a generic software for analyzing data S.
Now C has a client C1 and from the software S it derives a software S1 to analyzed some specific data for C1. The overall dependency ...
- 133
0
votes
2
answers
155
views
Automatic Renewal Contract / Contract Law - Licensee Cancels before Expiration Date, but not within 30 day period
Has this turned into contract law - can the licensee cancel the upcoming auto-renewal?
Licensee entered into a multi-year software usage contract with Licensor. The software license is a straight ...
- 103
-1
votes
2
answers
153
views
What legal remedies exist when a computer game crashes a computer?
If a company sells a video game that consistently crashes computers with a certain type of graphics card, does the law allow a consumer to force the game maker to patch the error or otherwise correct ...
1
vote
1
answer
68
views
Scope and participants in the Oracle Contributor Agreement
Reading the Oracle Contributor Agreement (direct PDF link), there are some points which seem off, at least for me as someone with zero legal knowledge.
The first paragraph defines:
The term “...
- 111
1
vote
1
answer
155
views
Can a software contractor be indemnified against HIPAA?
I'm an independent developer. My client's app manages PHI for US based patient, which means HIPAA rules apply.
From what I understand, HIPAA sees my client's company is the covered entity, and I am a ...
- 121
0
votes
1
answer
99
views
SLA liability in case client break some law
How does or can a Service Level Agreement (SLA) protect the provider from any liability in case the client knowingly breaks a law.
Example:
AWS is a web hosting provider that sells computing ...
- 1
0
votes
1
answer
85
views
What happens to a license if the licensor sells the rights?
If party A purchases a software license from party B, and party B sells all of its rights relating to the software, what happens to the license party A has? Must the new owner still honer the ...
- 57
0
votes
2
answers
294
views
If making software for a client, is a EULA necessary even after signing a contract with them?
When making a computer program, what's the difference between having a EULA (end user license agreement) and a contract with the person who's buying it? For example, if you're hired to build custom ...
- 57
1
vote
1
answer
321
views
If an app doesn't have a licence, can anyone use it in anyway?
Most apps you install on MS Windows get you to agree to their terms of service before using it. If an app doesn't come with any sort of agreement, does anyone who possesses a copy have the right to ...
- 23
2
votes
3
answers
634
views
Paid to write software, contract not signed. Who owns the software?
I was hired, on a 1099 basis, to write a piece of software for a client. I created a contract to specify the work to be done and the cost. I was paid the full amount owed to me. However, the client ...
- 137
3
votes
2
answers
2k
views
Google deleted my developer account without warning or much explanation. What can I do?
I haven't received any prior warning in fact from Google and suddenly received the following message:
This is a notification that your Google Play Publisher account has been terminated.
REASON FOR ...
- 141
23
votes
3
answers
10k
views
How to mitigate the risk of getting sued by clients (web dev contracting)
I'm a web dev and I'm thinking about becoming a contractor.
I feel a little uneasy about the possibility of someone potentially trying to sue me. If, for example, a client wants an e-commerce website ...
- 335
1
vote
1
answer
221
views
Intellectual Property Implicit or Explicit?
In relation to software engineering.
Business A does x work for business B and neither had any sort of design, patent, software license agreement or intellectual property agreement. Simply, a ...
- 355
0
votes
2
answers
395
views
Can The Owner Change A Github Repository From Public To Private At Any Time?
I'm building a browser game. Eventually I want to put ads on it, sell in-game currency, build a private company around it, etc.
I want to save my code in a Github repository. As far as Github ...
- 101
2
votes
1
answer
469
views
Are "Terms of Service" legally binding that are presented contrary to "Best Practices"?
Question
If a software company presents Terms of Service to an End User in a manner they expect users to neither read, nor understand - is it still legally binding?
A hypothetical
Company A knows ...
- 361
1
vote
1
answer
660
views
Vague clause in employment contract
I work in a full time permanent role but have recently started working in another part time (evenings/weekends) role as a contractor. Both are in the same field (software development) and both ...
- 441
1
vote
1
answer
88
views
Software Development Contract and Inventions
The following is in a contract:
For purposes hereof, the term “Inventions,” shall mean, without
limitation, all software programs ... developed by Consultant, either
alone or jointly with ...
- 11
4
votes
2
answers
1k
views
How does this agreement define 'revenue'?
Microsoft restricts its license of some particular software for organizations with "more than one million US dollars (or the equivalent in other currencies) in annual revenues...."
My clients are ...
- 159
2
votes
1
answer
257
views
Can a group continue with app development without the member who originated the idea?
Following situation:
5 friends started an app together: The idea guy, a designer, backend, android and iOS engineer. The friends worked on the app for roughly a year however the idea guy started ...
2
votes
3
answers
132
views
Underpriced software development project
We are a software development company that underpriced a project. The asking price was $5000 and our costs are now around $15,000 and the end is not near.
The project's requirements and outcome were ...
- 121
1
vote
0
answers
54
views
What happens if a company denies repair of a digital device under warranty?
I hope I'm posting this on the right board.
I would just like to ask for advice on this issue of mine regarding a telecom company (PLDT).
So the thing is, My mother signed up for an internet plan with ...
- 11
1
vote
0
answers
66
views
Can I sell software license I bought?
I bought this very expensive MapInfo license (>1500$), now I'm not using this software very much and want to sell my license online.
Can I just sell it or do I need their consent?
Also, if it's still ...
- 291
0
votes
0
answers
68
views
Extension of existing License agreement to a new Party
Two Parties have signed a software license agreement.
Now one the affiliates of the Licensee wishes to extend the scope of such license in order to cover new software. But they want to sign this "...
- 462
4
votes
2
answers
951
views
Proof of EULA Acceptance
I know I need to have a mandatory EULA accepted before allowing users onto my system.
Simply recording information about the user and having a database column with "accepted" doesn't seem like it ...
- 142
1
vote
0
answers
83
views
Software acknowledgement exposure
I am developing a commercial consumer product and around 90 percent
of the development is software related.
Maybe even more to be completely honest.
Some components of my software uses open source ...
- 131