Bruce Marshall wrote:
On Monday 21 November 2005 08:21 pm, James Knott wrote:
Carlos E. R. wrote:
A law can take into account such things, including payment for the expropriated land as seen fit. I'm not proposing theft. Whatever the law, it must always be the authors decision, as to the dispostion of the software. If I write something, you have no right to demand that I release it, under *ANY* circumstance
Agreed. But if you are trying to sell it to me for profit, I would be wise to put in a clause "should said James Knott go belly up in a drunken fit and sent to the poor house, he agrees that I shall be allowed to have access to the source for purchased software under <given set of restrictions>.."
If I don't do that, I am at your mercy should you close up shop.
What's included in a contract is completely different from unilaterally taking, long after the fact. In one, the author agrees to the terms, including open source etc. In the other he doesn't even get the chance. Again, if I as an author decide that the source be locked away and never revealed, then that is my right. Please note, that I'm not ruling out the possibility of some extenuating circumstances that may force the issue, but as a general rule, the author's decision should be final.