The Inventor, showing his mischievous side.
The Painter, looking more and more the schoolboy.
A thousand mile journey begins with small steps.
Was ist das?And so... I step lightly. Who knows, the call may yet come. Either way, I walk through a door.
Grau-blau...
My interest at this point is simply to hire a programmer on a contract ("work for hire") basis to assist me in the coding of some proof-of-concept tools, translating my algorithms into executables. As I've said, if all goes well, I'll have much more need for programming in the future.We spoke that afternoon, and they assured me of their interest in working for me, and promised to prepare a new work agreement by the end of the month. Of course, it was at their insistence that I allowed them to prepare a work agreement in the first place. I had never sought to hire a consultancy. I merely contacted an individual programmer who had done work for a colleague and who was recommended by him for his programming skills. He suggested including his friend, and I agreed to fly the 300 miles to meet with both of them a couple months ago.
I fear we're at an impasse. The agreement you sent countermands the entirety of the non-disclosure agreement ("This Agreement and any documents referred to in this Agreement contain the entire agreement between the Parties with respect to the subject matter hereof and supersede all previous agreements and understandings between the Parties with respect hereto.")
I'm no lawyer, and I don't have the staff to negotiate fine points of contract. The relationship I seek is simply translating my algorithms into executable code. The non-disclosure agreement protects my interests. I have indicated what I'm willing to offer in terms of compensation (and bonus) for your part.
The only sort of service agreement I'd be interested in signing at this point would merely specify those payment terms, and outline the programming work to be done. I'd even be willing to run it by a lawyer to make sure the interests of both parties to the agreement are satisfied. If this is not of interest to you, let me know if there is anyone you recommend who might be interested. You seem to be quite busy with your ongoing projects. I wish you both the best of success.
I well know the issues involved in running your own business, since I've been doing it with various ventures since at least 1990. You've got to keep clear lines of communication open with your clients, focus as much as you can on the work of the business rather than its logistics (they will mercilessly suck up your time and energy).I thought the point (boldface here) was not too subtle. I guessed wrong.
See: http://www.copyright.gov/circs/circ09.pdf.He responded (yet again) with commentary and quotations challenging the relevance of the cited document on copyright law for the work they would be doing (although the document describes "A software program created within the scope of his or her duties" as an example of work that falls under this category).
Client understands that as implementer [Firm] shall receive partial credit for any and all concepts, ideas, theories, insights, discoveries, innovations, and inventions pertaining to the work products specified in this agreement that result in a patent during or after the execution of this agreement.On this point, I recommend you get yourselves a copy of Nolo's Patents for Beginners, (ISBN 1-4133-0455-9), which may be useful to you moving forward. In particular, p. 140 states: "if one person came up with the concept of the invention, while the other merely built and tested it--the second person is not a co-inventor."