[thelist] Definition of what ASP is?

the head lemur headlemur at clearskymail.com
Thu Oct 18 11:27:45 CDT 2001


> Ok....this will sound stupid so please bear with me.
> Can an ASP site (backend programming) be called a "software"?
> If you develop a site in ASP can you claim you own the code to it and
> that the client can't have the right to modify it in the future?

I am not an attorney, but this is how I approach this in Arizona which is
covered in my standard development contract.

The .asp components that you have used are not copyrightable as they are
covered by the EULA that Microsoft either holds as it's intellectual
property or as a patent.

Yep! But it would be more properly typified as intellectual property and is
protected by copyright.

You will need to make it very clear that you retain the rights to your work,
that your client is being given a limited, non-exclusive license for use in
the particular circumstances, and it is not subject to modification without
your express consent, preferably written into the development contract, as a
standard item under your companies intellectual property section, or as a
separate contract.

If your work product is robust enough and can be resold, my suggestion is to
register the copyright in the countries that you live in or will offer it.
This is important if the spector of litigation is a possibility.

You will also need to document the deliverables, creation, code and
specifics of the developed website. This is Standard Operating Proceedure
for pixel mechanics that want to remain in business and limit liability when
someones nephew decides to change your product, it stops working and the
client attempts to blame you.

Welcome to the ugly underbelly of the web biz.

<tip type="web business">
Budget the lawyer first. The money you spent on a contract for your services
will be the best money you spend in your career as a business.
</tip>

the head lemur
Web Standards
http://www.webstandards.org
Evolt
http://www.evolt.org
lemurzone
http://www.lemurzone.com






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