Beta-Testers and Intellectual Property?

cozimek asks: "I've got a question I'm sure many other Slashdot users have dealt with. My startup has been starting programming development with testing from our beta-clients. One of these clients, however, has begun discussing intellectual property rights. They believe that they deserve rights to parts of our software because they have helped give us advice through the development process. We think we own it all, and that they should be happy to have our services, tailored to their needs, for free. Has anyone dealt with these issues? Has anyone created a beta-tester contract?" As with all such issues, the devil is in the details...particularly the contractual ones. If you've had such issues before, from either side, please let us know how things turned out.

Comments

Traditionally

[eples]

We think we own it all, and that they should be happy to have our services, tailored to their needs, for free. Has anyone dealt with these issues?

What we've traditionally done: they jointly own the code. We retain the right to resell it, they do not.

Yes - it's basically honor system, but that's how it's done! It may not even be legal, but IANAL.

Re:Not unless they suggest improvements

[ackthpt]

It depends what kind of IP you're talking about. As we all know, you don't have to have a coded implementation of a software concept in order to get a patent on it. As long as you can describe it to the level of detail required by a coder of ordinary skill to pick it up and make it real, you've "enabled" the invention in the eyes of the PTO. Any actual code conforming to your software spec is considered to be merely an embodiment of your invention, and not the invention itself. Coders do not win the pissing contest at the PTO.

Of course, this would be the very definition of "Bad Faith". Worse, if you're some kind of jerk or idiot, you intentionally direct the developer to include something which you know is covered by another's patent and don't reveal that.

"Hi, I'm from Macrostuff, and that idea of ours you put into your product, well, we applied for a patent before we gave you the spec and now we want all your base."

The slashdot precedent

[Anixamander]

"You see your honor, according to slashdot comments modded to 3 and above, 98% of posters believe the plantiff has no rights to our intellectual property. The other 2% believed this was somehow related to a beowolf cluster of Natalie Portmans."