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  • Penalty clause on programming contract

    - by Everyone
    I am considering the move to the other side of development, as a contract programmer. SO has given me a good few hints on the kind of figures to quote ( and why ), and a few points to bear in mind such as Non-competition and [IP Protection] Having worked as a programmer for a while, I know that a few reasons for deadline delays may be - Estimates can be all over the place both from the Contractor, and the Job provider Things like bandwidth bottlenecks, merge for high-impact code etc Clarification time on provided requirements... etc If you have worked as a contract programmer then How frequently do you encounter a penalty/forfeit clause in your agreement? What do you deem unacceptable in the penalty/forfeit clause?

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  • How do you go about finding out whether an idea you've had has already been patented?

    - by Iain Fraser
    I have an idea for image copy-protection that I'm in the process of coding up and plan on selling to one of my clients who sells images online. If successful I think there would be a lot of people in a similar situation to my client who would be interested in the code also. I think this is a fairly unique idea that could be packaged into a saleable product - but if I did do this, I wouldn't want some big corporation decending on me with their lawyers after all my hard work. So before I put too much work into this I'd really like to know how I'd go about finding if this idea has been patented already and whether I'd get in trouble if I sold my product and if it would be worthwhile patenting the idea myself. Although I find the idea of software patenting abhorrent, it would be more to protect myself from the usual suspects than to stop fellow-developers from using the idea (if it is in fact a worthwhile one). I live in Australia, so an idea of who to go and see and a ball park figure of how much money I'd be looking at having to pay would be fantastic (in orders of a magnitude: 100s, 1000s, 10s of thousands of dollars, etc). Cheers Iain

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  • Legality, terms of service for performing a web crawl

    - by Berlin Brown
    I was going to crawl a site for some research I was collecting. But, apparently the terms of service is quite clear on the topic. Is it illegal to now "follow" the terms of service. And what can the site normally do? Here is an example clause in the TOS. Also, what about sites that don't provide this particular clause. Restrictions: "use any robot, spider, site search application, or other automated device, process or means to access, retrieve, scrape, or index the site" It is just research? Edit: "OK, from the standpoint of designing an efficient crawler. Should I provide some form of natural language engine to read terms of service and then abide by them."

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  • What should I really release as open source when I use Berkeley DB (JE)?

    - by Ersin Er
    The Berkeley DB (JE) license information says: "...Redistributions in any form must be accompanied by information on how to obtain complete source code for the DB software and any accompanying software that uses the DB software.... For an executable file, complete source code means the source code for all modules it contains. It does not include source code for modules or files that typically accompany the major components of the operating system on which the executable file runs." If I build an abstraction level on top of BDB JE, should I open source only that library or any software that uses BDB JE indirectly?

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  • Can I add an additional eula/tos inside my app on top of the iphone app store agreement

    - by nickthedude
    I have an app that allows users to generate and publish content. I would like to possibly be able to use the content they publish/create to make derivative works, ie books etc (similar to what icanhazcheeseburger has done.) If I were to put an opt in alert to ask the user whether or not they would like to be a part of this, would this violate the iphone sdk? I know this is not programming question so I'm not sure if this is a fair question, but I thought I heard something like you can't add a eula you have to abide by whatever apple dictates in their app store agreement. Also if you have suggestions on different ways to approach getting users to agree to this I'm all ears, but yes that is kind of subjective. Thanks folks, Nick

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  • Will apple allow an odds application?

    - by Paul Peelen
    Hi, This is a hypothetical question. If one would develop an iPhone/iPad (Universal) odds application, whould apple allow this to the appstore? This application would not let you bet on odds directly, but would collect odds from different odds sites and show them to the user. The user can launch these sites and make their bets there (not using the application). Any thought on Apple's "feelings" towards that idea? Best regards, Paul Peelen

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  • Using Facebook Login to create a user?

    - by andbeyond
    I've read this SO post which led me to this FB policy page, which seemed to include some pertinent information, but I'd like more of a community response, maybe some experienced FB API people who know the limits. My question is if I can use Facebook's Login api to, essentially, create a new user on my website. I really would just like to allow users to easily "transfer" some data from FB in order to more easily create a new account on my site. I realize, first and foremost, that I would obviously announce to the user that by click "submit" in the form, that they are creating a separate account on my site. Pertinent blocks on the policy page state: You may cache data you receive through use of the Facebook API in order to improve your application’s user experience, but you should try to keep the data up to date. This permission does not give you any rights to such data. Which doesn't look good for me, but also this: If you stop using Platform or we disable your application, you must delete all data you have received through use of the Facebook API unless: (a) it is basic account information; or (b) you have received explicit consent from the user to retain their data. Which, in my case, I would be satisfying part B. I would be asking the user's permission to retain the data, as I am simply using Facebook as a conveience to the user when creating an account. I also realize that Facebook has a registration API, but this would require a Facebook styled login form, along with my own sites login form, and I'd rather one interface, as this makes it easier for me on the front and back end. Any thoughts?

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  • Does apps that play on the word Droid need to worry about Lucasfilm's Trademark?

    - by seanmonstar
    I've noticed in recent ads that the Verizon Droid and Droid Eris have to put up acknowledgement on Lucasfilm's trademark of the word "Droid", and had to pay licensing fees to use it. I'm wondering if an app I'm building that uses the word Droid in the naming is violating said trademark. I've noticed other apps that do it (Twitdroid), and never once considered it a problem. The name in question would be ServiceDroid.

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  • Is there a good argument for software patents?

    - by David Nehme
    Now that it looks like software patents are going to be severely limited, does anyone have a good argument for keeping them. It seems like copyright law serves software fine and patents just add overhead to what should be an almost frictionless process. Are there any examples of software that wouldn't have been written if not for patents?

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  • "derivative work" and the consumption of web services

    - by yodaj007
    From the Wowhead Terms of Service: "Intellectual Property Rights The Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part." Does this mean that I can't write a program to consume a web service being published by the writers of this TOS? I find it kind of scary that I even have to ask this question. The wikipedia article on "derivative works" isn't very conclusive.

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  • Mutually beneficial IP/copyright clauses for contract-based freelance work

    - by Nathan de Vries
    I have a copyright section in the contract I give to my clients stating that I retain copyright on any works produced during my work for them as an independent contractor. This is most definitely not intended to place arbitrary restrictions on my clients, but rather to maintain my ability to decide on how the software I create is licensed and distributed. Almost every project I work on results in at least one part of it being released as open source. Every project I work on makes use of third-party software released in the same fashion, so returning the favour is something I would like to continue doing. Unfortunately, the contract is not so clear when it comes to defining the rights of the client in the use of said software. I mention that the code will be licensed to them, but do not mention specifics about exclusivity, ability to produce derivatives etc. As such, a client has raised concerns about the copyright section of my contract, and has suggested that I reword it such that all copyrights are transferred entirely to the client on final payment for the project. This will almost certainly reduce my ability to distribute the software I have created; I would much prefer to find a more mutually beneficial agreement where both our concerns are appeased. Are there any tried and true approaches to licensing software in this kind of situation? To summarise: I want to maintain the ability to license (parts of) the software under my own terms, independently of my relationship with the client; with some guarantee to the client that no trade-secrets or critical business logic will be shared; giving them the ability to re-use my code in their future projects; but not necessarily letting them sell it (I'm not sure about this, though...what happens if they sell their business and the software along with it?) I realise that everyone's feedback is going to be prefixed with "IANAL", however I appreciate any thoughts you might have on the matter.

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  • Screenscraping and reverse engineering health based web tool

    - by ArbInv
    Hi There is a publicly available free tool which has been built to help people understand the impact of various risk factors on their health / life expectancy. I am interested in understanding the data that sits behind the tool. To get this out it would require putting in a range of different socio-demographic factors and analyzing the resulting outputs. This would need to be done across many thousand different individual profiles. The tool was probably built on some standard BI platorm. I have no interest in how the tool was built but do want to get to the data within it. The site has a Terms of Use Agreement which includes: Not copying, distribute, adapt, create derivative works of, translate, or otherwise modify the said tool Not decompile, disassemble, reverse assemble, or otherwise reverse engineer the tool. The said institution retains all rights, title and interest in and to the Tool, and any and all modifications thereof, including all copyright, copyright registrations, trade secrets, trademarks, goodwill and confidential and proprietary information related thereto. Would i be in effect breaking the law if i were to point a screen scraping tool which downloaded the data that sits behind the tool in question?? Any advice welcomed? THANKS

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  • Where can you find good examples of an End-User Software License?

    - by JFV
    Should I create my own End-User Software License (with a lawyer), or are there some good examples of one on the Internet? I'm getting close to rolling out my first Windows-based program for my side-business. I would like to have the end-users to agree not to: resell the software, change/modify it, use it in another application, etc. Any and all help appreciated! Thanks! JFV

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  • How Likely Is It That I'll Get Sued Developing Software?

    - by yar
    It has been a practically unanimous truth on StackOverflow that if you work as an independent consultant, you should probably form a corporation (as seen here), to limit personal liability, supposedly to protect you in case of lawsuit. It seems to me that developing software does not result in many lawsuits, but this is an empirical (objective [and not community wiki]) question: How likely is it that a lone software developer will be sued? Also, by whom (a disgruntled company, coworker)? Since incorporating is basically taking out insurance, the likelihood of catastrophe needs to be taken into account. Also, aren't there standard laws covering, for example, total screw-ups with corporate data that mean that protect the lone cowboy/girl/person/coder?

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  • Selling an application both in the android market and outside it

    - by Lo'oris
    I understand it is possible to sell the same application both in the market and outside it, great. I still don't understand a few things, that AFAIK are not mentioned in the contract but I might have missed or misunderstood something, so I'm going to ask. Disclaimer: I know you're not a lawyer, etc. etc. Let's say I give in the market a demo version, and I sell in the market the full version too. May I also sell the full version outside the market? I understand that you can't give away the demo in the market and then collect the payment outside, but what if I do allow the user to buy it in the market, but also allow him to buy outside the market? What if I charge a lower price if he buys outside the market?

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  • is there a good reason to fear closed-source code *inside* of open-source libraries?

    - by jcollum
    Here's the situation. At work here, I hear there is resistance to using open source code (Nant in particular) because there might be copyrighted code in there. Meaning somewhere in that open source tool or library there might be a chunk of code that was directly lifted from copyrighted code. In theory, this means our company (which is quite large) get sued for big money because they used an open source library. We don't ship any software, so how this theoretical plaintiff would find this out is a mystery. I have also heard that some group of people came through a year or two ago and actually found instances of this in our codebase. That's hearsay of course, so who knows. Is this simple paranoia? Didn't something similar to this happen with Linux a while ago? Wouldn't the burden of checking for copyrighted code lie with the people who made the code, not the people who use it?

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  • OCS 2007: Issues with /LiveServer/MCUFactory

    - by routeNpingme
    I'm not really an Office Communications Server expert, but just trying to resolve some seemingly minor issues with a new install... The following error is occurring in the OCS event log, and when I try to visit https://servername:444/LiveServer/MCUFactory in Internet Explorer to test the address, I just get a "page cannot be displayed" error. I can telnet to port 444 on the server and verify that the port is open and listening. Any ideas? Event Type: Error Event Source: OCS MCU Infrastructure Event Category: (1022) Event ID: 61013 Date: 7/28/2009 Time: 8:47:42 AM User: N/A Computer: COMM2 Description: The process DataMCUSvc(1284) failed to send health notifications to the MCU factory at https://servername:444/LiveServer/MCUFactory/. Failure occurrences: 29, since 7/28/2009 8:40:27 AM. For more information, see Help and Support Center at http://go.microsoft.com/fwlink/events.asp.

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  • $PATH issues with OSX Lion

    - by Mikey
    I'm having some issues with running mysql from terminal: macmini:~ michael$ which mysql /Applications/XAMPP/xamppfiles/bin/mysql macmini:~ michael$ mysql -bash: /usr/local/mysql/bin/mysql: No such file or directory I had a previous installation at /usr/local/mysql/bin/mysql which no longer exists. My path variable is as follows: macmini:~ michael$ echo $PATH /usr/bin:/bin:/usr/sbin:/sbin:/Applications/XAMPP/xamppfiles/bin/:/usr/local/bin:/usr/X11/bin:/usr/local/MacGPG2/bin:/usr/texbin Dropping to root seems to function correctly: macmini:~ michael$ sudo bash Password: bash-3.2# mysql Welcome to the MySQL monitor. Commands end with ; or \g. Your MySQL connection id is 66 Server version: 5.1.44 Source distribution Type 'help;' or '\h' for help. Type '\c' to clear the current input statement. mysql> I seem to have found the issue - but I'm not sure how to change or remove this alias macmini:~ michael$ type -a mysql mysql is aliased to `/usr/local/mysql/bin/mysql' mysql is /Applications/XAMPP/xamppfiles/bin/mysql mysql is /Applications/XAMPP/xamppfiles/bin/mysql

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  • Colour Issues in OSX Terminal ssh'd to Ubuntu terminal

    - by devians
    In the OSX terminal, I'm having some colour issues. If i am working locally, there are no colours. If i ssh into my opensolaris machine (using screen inside ssh) there are no colours. If i then ssh into my ubuntu virtualmachine, and say, vim edit a file, the colours are completely broken. On quitting vim, it then keeps the broken colours and applies them to everything until i force a terminal bell. I assume this is a misconfiguration of the ubuntu machines colours, or a mismatching of terminal emulators. What is the best fix in this instance.

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