What does the team think?

[Steve Beeston]

I have a difficult issue and would be interested to hear the thoughts of others.

A few years ago I designed a website for a client. This website used a bespoke backend for content management. When I say "bespoke", I don't mean it was written specifically for the client, but was a custom CMS I use for a number of clients. The back end allows access to a custom database that includes data tables specific to the clients business.

The client now wants to have a new website designed by another web developer, but retain the existing proprietary back end, all to be hosted on the new web developer's server.

I am happy for the client to migrate the custom database - the custom tables are quite simple - but what I'm reluctant to do is allow them access to the source files for the CMS, which I regard as my own intellectual property. They want me to pass the source code to the new web developer.

Any thoughts?

(and no, we don't have a formal written contract - we are both small businesses)

Steve :)

[Richie Hindle]

Hi Steve,

That's awkward... on the one hand your client paid for a website, regardless of the technology behind it, and they could reasonably expect to have full rights to that.

On the other hand, their new developer can't expect the rights to use your CMS, at least not outside of the context of this particular site.

So how about you grant the new developer a license to use your CMS, but only in the context of this client's site?

--

Richie Hindle

ric...@entrian.com

http://entrian.com/blog

http://twitter.com/richiehindle

[Steve Beeston]

Many thanks for your input, Richie.

Yes, it's an awkward one - especially trying to explain my position to the client.

I would suggest that whilst they paid for the website - and I'm happy for that to be migrated (front-end and database), they only paid for a licence to use the CMS.

I would further argue that "licensing" the CMS to the new developer still gives them access to the source code files and therefore my intellectual property.

The new developer could probably knock up a CMS quite easily but the client has a limited budget.

Thanks again for your input.

Steve

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[Richie Hindle]

Hi Steve,

I would further argue that "licensing" the CMS to the new developer still gives them access to the source code files and therefore my intellectual property.

Yes.  Like any software licensing situation, you have to trust people you don't know, or spend your whole life in a DRM arms race.