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Category: Business Help
Non-Compete, Ownership and GPL

Hi,

I have a Content Management framework that i've licensed uner the GPL. It's pretty basic, but i've recently been employed to build a corporate site that i've used this software to build. Late in the game my client now wants me to sign a Non-compete that has an ownership clause stating that they own all "work for hire".

I've structured any additional functionality i've created for them as non-integral to the CMS, so sure, they can own that, but it's quite useless w/o the framework.

I was wondering if anyone has contractual language specifically for those fo us that install and configure GPL'd software.. or is it a mute point since existing license would preclude any client's claim?

thanks for any feedback

Hi,

My experience with "past clients" is that when they get interested in the "exclusive ownership" of your work/code they are preparing to pull the plug on you.

With that in mind my Web Site Development Agreement is a formed as a "Work for Hire" with specified exclusions on third-party products, such as product licensed under the GPL, purchased through third-part vendors, AND product that I have created myself and use or intend to use in other client sites.

Personal opinion, I would not sign a non-compete agreement, after the fact without a major financial contribution from the other party. Not so sure I would sign any agreement, after the fact, unless it was in my best interest, either financially or business goodwill.

Beyond creating a basic understanding, between you and your client, contracts are only as good as the money you are willing to invest in their enforcement.

Walking away is always an option.

Luck










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