[thelist] Definition of what ASP is?

Kevin D. White nonzero at well.com
Thu Oct 18 11:39:21 CDT 2001


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Whether or not a site is software is irrelevant to your ownership of
the code.  That is a contract stipulation.  After many years of
freelance work I have learned to include two provisions in my
contracts:

1) I retain the listing and title of primary author as long as at
least 50% of the code was originally developed by me.

2) I own all IP rights to my work, irrespective of format, unless the
client wishes to purchase such rights.

The second provision establishes my ownership not only to the actual
code but also to the ideas that lead to the generation of the code. 
Some clients choose to buyout my rights, some do not.  If I want to
give right away, I still charge ($1).  Never, ever, wave your right. 
Inconsistent enforcement of your contract is a very dangerous
precedent that will bite you in court.
- ----- Original Message ----- 
From: "Faye Tarzwell(FayeC)" <fayec at canada.com>
> Hi,
> 
> 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?

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