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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.

3 of 303 comments (clear)

  1. NDAs, beta testing, and history's lessons by Sheetrock · · Score: 0, Troll
    It's kind of funny that this was brought up today; it reminds me of something that I was just discussing with a friend not too long ago.

    It seems that back in the late 1800's in America (I mention this for those /.ers who don't happen to live in the U.S.) there was this saloon in the West that was kind of a run-down, ramshackle joint that was frequented by a few loyal patrons and not too many others. I think it was California, but it could have been Oregon or someplace similar -- well, the location isn't really relevant to the story but if you're really interested you might be able to dig a bit on Google to find out. Basically, while the saloon didn't go out of its way to publicize itself to out-of-towners (not much point given that it was in a fairly remote area) it managed to do a fairly steady trade despite the occasional brawl that caused property damage and the persistent requests from a particular fellow for free drinks.

    More nights than not, the proprietor of the saloon would watch this drunk come wandering in through the doors, sit down, and lay a line on him about how he's trying to pull things together and how he'd just make enough to keep himself in beans and couldn't the bartender just pour him a shot or two to fuzz the edges and whatnot. And again, more nights than not, the bartender would take pity on the poor guy and pull out the whiskey.

    Now, this went on for some time, and while the bartender was an easy mark even he had his limit. So one night, after the bartender already gave the fellow three shots on the house, he decides to cut the guy off.

    "Look," he says, "while I'm really sorry to hear that things still aren't working out for you I don't think that I can keep giving you free drinks. I've got to make ends meet too, you know."

    So the drunk says, "I don't suppose you've got anything I can do to get another drink tonight?"

    The proprietor, not particularly wanting the fellow to hang around all night and certainly not expecting him to take him up on his proposition, says "Well, you see that spittoon over there? If you take a swig out of that I suppose I could give you a drink to wash it down."

    No sooner did he finish his last sentence than the drunk walked over to the spittoon and heft it off of the floor. Before the bartender could stop him, the fellow put the rim to his lips, tipped the bottom of the metal container up into the air, and began to swallow. To the bartender's dismayal, the guy continued to slowly chug the thick contents of the spittoon. When he had finally gulped the final remnants of the container, he threw it to the ground, wiped off his lips with his shirt cuff, and gagged, "So, do I get the drink?"

    "You can have the bottle!" exclaimed the bartender, immediately pouring the first shot. "But tell me, why did you swallow the whole damn thing? You only needed to swig it to earn the drink."

    The drunk replies: "It was all one long string."

    BTW: This Troll Tuesday post is a nominee in the Most Stealthy and Best Payload categories for the World Troll Awards 2002. Please show your support for the event by composing an extremely offensive or provocative message and submitting it to this site for review. While any place will probably get your message seen, be advised that posting near the top of an article will help your odds. Also, frequency counts; submit early and submit often, and we'll see -you- at the Awards.

    --

    Try not. Do or do not, there is no try.
    -- Dr. Spock, stardate 2822-3.




  2. Of course, if it was Open-Source... by YouAreFatMan · · Score: 1, Troll

    ...then you wouldn't have to worry about any of this. Happy litigating!

    --
    Robotiq.com is heavily tested on animals
  3. Re:In the good ol days by frank_adrian314159 · · Score: 2, Troll
    Microsoft provided free product to their beta testers. You did not have to pay to become one.

    Au contraire, mon frere. You pay in your time and effort. More importantly and sadly, you pay in self-respect.

    There's a reason for the saying: "Friends don't let friends install Microsoft software." Once you start down the path of the dark side, forever will it keep you...

    --
    That is all.