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thamts
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PostPosted: Thu Nov 05, 2009 9:15 am    Post subject: Moving to Oracle Reply with quote

I have developed (developer) a custom application software using Clipper for my client (financial institution) some 15 years ago. It is still being used by the client. Recently the client decided to move to Oracle. I have come to understand that the client is quietly extracting data from my custom application to its new Oracle application. There is an ongoing software license agreement between the client and myself strictly stating that all rights are reserved to the developer.

1. Is it an infringement to extract data from my custom application without permission from the developer and to use it on the new Oracle application?

2. There is a table of 1,000 items with appropriate stock codes assigned (example: Code=01-01-0001 Description=Office Table). The client has attempted to extract data (stock table) from my custom application to a flat file and thereafter altering or (do data cleansing - removing the stock codes and assigning a new code from Oracle) to export to Oracle. Is this act a copyright infringement?

3. Can the client claim that the data belongs to them (stock products are added, edited, deleted or updated by the client using the custom application) and they have the right to extract and use it as they wish?

4. Without the data from the existing custom application the client is unable to have any data at all on its new Oracle application. Unless they do a manual entry (that is massive), besides at least a hardcopy from the custom application is needed in order to do a data entry to the new application.

5. I have notified the client that any data extraction from the custom application must be done with permission from the developer, however the client has ignored my notice and moving ahead with plan to launch its new application.

6. I am the first developer of the custom application, prior to this the client was operating using manual methods. I designed the entire custom application together with its stock coding methods.

7. I have doubts that upon launching of its new Oracle application the client will severe all relationship with me without compensating. Since it is a financial institution, I have to get all opinions possible before proceeding legally.

Your valuable advise and opinions are greatly appreciated. Thank you.
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CopyrightAid
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PostPosted: Thu Nov 05, 2009 9:20 am    Post subject: Reply with quote

If you wrote the application the copyright in the application (the code YOU wrote) belongs to you.

If the client collected the data, the data is theirs.

Perhaps I am misreading, but your argument is basically because the data is stared in your application you own it? I can't see that. That's like saying if I open a spreadsheet I created using Excel in Open Office and save it to Open Office format Microsoft would be after me. Excel and OO are tools to do a job, the spreadsheet is mine, I created it.

As I understand your situation the same applies, your application is the means by which the client stores their data, sounds like the want to upgrade/migrate their data to a new application and I can't see why they shouldn't.

If you disagree with this, I can only suggest that you get in touch with a solicitor (you should be able to find a local solicitor that can help via http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law ) he may be able to recommend some options for you.
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thamts
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PostPosted: Fri Nov 06, 2009 8:09 am    Post subject: Reply with quote

Yes I agree with you. However wish to know whether taking data without permission, is it right to do so?
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