Author Topic: How To Hire Developers Legally  (Read 994 times)

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Offline Lawrence

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How To Hire Developers Legally
« on: June 16, 2014, 06:42:38 PM »
Because Kris doesn't like third party competition, we are unable to purchase third party modules / extensions from other developers. Here's the clause in the Terms of Service.

Quote from: HostBill
For licenses purchased after 26th May 2013 KBKP Software S.C. is only allowed author of extensions for HostBill application. Extension is any PHP file in includes/modules directory of HostBill and any entry in hb_modules_configuration of HostBill database

The workaround for this is for us all to be under one entity in a sense. For this to work, one company will have to start a company similar to an umbrella corp. This can be a sole proprietorship, LLC, S Class Corp, C Class Corp, etc,. It has to be a legal entity. It could be one giant partnership even.

Kris can prohibit third parties from developing modules and extensions for everyone, but cannot stop custom development for a particular entity. These would be horrible business practices and in a sense a constraint against standard business flow / restricting competition which is unfair and illegal.

  • Someone starts an entity. It could be a non-incorporated entity such as a partnership.
  • Everyone interested would have to acknowledge being part of the entity. This can be signed, or a simple agreement.
  • Module developers would have to sell to the entity.

With that said, HostBillForums.com could act as an entity, and all HostBill users would have to acknowledge being a partner in the entity.

I'd like to hold this discussion here since I'm not an attorney. If anyone would like to consider this, please feel free to discuss in this topic. Module developers are welcome to participate.

I'm fine with giving 0.0001% ownership of HostBillForums.com to every individual interested to make this legal.  8) So who wants a stake in it? Profits are $0/yr.
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Offline BRJP

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Re: How To Hire Developers Legally
« Reply #1 on: June 18, 2014, 07:04:35 AM »
The clause seems to state that no one (not even an entity) can author extensions.  I am not a lawyer and unsure whether this has a work around or whether Kris can revoke your license if he finds out about such activities.  (I believe that a revoked license would stop HostBill working?)
Kind regards,
Bradley Porter
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Offline Lawrence

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Re: How To Hire Developers Legally
« Reply #2 on: June 21, 2014, 04:35:40 AM »
Okay so here's a user case.

Company A needs Company B to sign an NDA in order to perform development on an extension for the HostBill clientarea. This software requires testing in a live environment with real data. Will Kris sign an NDA to perform such work? Is Kris available to sign an NDA in a short notice? Is Kris available 24/7/365 to perform development on an extension that's needed in a moment's notice?

That clause will cripple businesses if you're not permitted to have custom development on short notice.
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Offline JPC92

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Re: How To Hire Developers Legally
« Reply #3 on: March 08, 2015, 07:01:51 PM »
Hello,

I can't believe that you can't hire other developper to add a specific features needed for your business (if you are owner of the licence of course)
it's a none sens ...

You wrote :  (I believe that a revoked license would stop HostBill working?)

Same think, regarding the law it's impossible, because you can't decide by yourself to stop your contract.
 If you sell a software licence, and that you imagine taht a bad usage it's done my your customer, you have to go to law, but not cut the service/contract by yourself.

Is it possible (technically) to do that :  "a revoked license would stop HostBill working"

thanks


Offline Fusionhost

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Re: How To Hire Developers Legally
« Reply #4 on: September 27, 2015, 08:52:00 PM »
Old customers [pre 2012] can do it
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