Business Law

Ask a Business Lawyer. Get Business Law Questions Answered ASAP.

Ask a Lawyer,
Get an Answer ASAP!

Business Law
This answer was rated:

Dear Expert, I developed and managed what could be, arguably,

Dear Expert, I developed and managed...
Dear Expert,

I developed and managed what could be, arguably, considered one of the most successful products of company "X"(I'll call it product “A1” for the purpose of this consultation). Product A1 is a software application that integrated several components of a measurement system and allowed such system to perform necessary functions that it could not perform without said application.

I am fully aware that, when I developed said product, it was for company X and that company X owns all of the rights for said product. It was brought to my attention that, at present time, product A1 does not have the same degree of support as it had when I was managing the project; meanwhile, product A1 is stagnating and becoming obsolete. I have suggested to company X that I can work with them as a consultant/contractor to support project A1. At the time of said suggestion, company X had contracted other, less experienced engineers, to “pick-up where I left off”; however, said engineers are no longer with company X.

I have moved-on with my engineering career and I don't need or depend on company X for subsistence; however, project A1 was (and still is) close to my heart, and I believe that the customers that use it (which I also consider as friends) are not getting the technical support that they deserve. My close friends and loved ones tell me to “let it go” and to “move-on”, and “that it is not worth the aggravations and complications of legal battles”; however, I feel that, it would be for the common good of all involved parties if I take another shot at working with this project.

I am planning on negotiating with company X to acquire the rights of product A1 in order to continue its support and further development. Nevertheless, I believe that I don't have the capital that they could demand for such rights. Another alternative is working for sales royalties, for company X, as a Consultant/Project Developer, but this alternative doesn't guarantee a steady income. From the explained situation, what would you recommend? Thank you for your help and please, don't hesitate to ask if you need more information.

Regards,

Rafael A. Cabrera, EE
Show More
Show Less
Ask Your Own Business Law Question
Answered in 21 minutes by:
4/25/2013
Law Educator, Esq.
Category: Business Law
Satisfied Customers: 121,050
Experience: All corporate law, including non-profits and charitable fraternal organizations.
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

From what you explained above, you really have few options here as of course Company X clearly owns the rights. You are at the mercy of company X regarding what they allow you to do or not do with the product.

Your first step needs to be negotiating for the rights to A1. Until you engage in such negotiation, you really have no idea what their attitude is towards this product. They may be looking to get out of the product or may want to stop dealing with it and they may make you a better deal. If they do, you can always seek a loan and use the IP rights, which are property rights, as collateral for the loan.

If you cannot make such a deal, the only other alternative is open up as an independent servicer of the product. While you could not sell the product as you do not have the rights to the product, there is no law preventing you from servicing it as you do not need the IP rights to do that. Many independent contractors service protected property, such as MicroSoft products, and that is not illegal unless you have some form of non-compete agreement in force.



Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

PLEASE NOTE WELL WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT AND BE ASSURED YOU ARE NOT BEING IGNORED.

There can also be a delay of an hour or more in between my answers because I may be taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Ask Your Own Business Law Question
Customer reply replied 4 years ago

Paul,


 


Thank you for your prompt reply and your enlightening information. I particularly appreciate the part where you talk about me becoming an "independent servicer of the product". As a matter of fact, company X allowed me to keep the laptop that I used to develop product A1 for the purpose of supporting product A1 as a Consultant and as an Instructor/Trainer to in-house personnel. However, that agreement only produced one 8hr-consultation (for which I never collected any payments). Also, the laptop that we agreed for me to keep, was loaded with the source code of product A1 and all of the necessary tools to perform service and support of product A1.


 


I very much prefer to service product A1 under company X's sanction. I signed a document that stated that I would not divulge IP information from company X to competing companies for a period of two years, but I did not sign anything that implied that I should not provide technical services for customers of product A1.


 


In a situation where a customer of company X contacts me to perform a service for product A1 that company X could not or would not perform for said customer, and I perform said service and get paid by said customer; could company X sue me or take any form of legal action against me for servicing product A1? Thank you again for your help.



Regards,



Rafael

Thank you for your response.

As long as you do not divulge the information, as per your agreement, this does not state you cannot work on servicing the product, so you could still be an independent servicer.

You said your agreement does not prohibit you from doing work for customers servicing the product of company X so they could not sue you for doing so as you have no written contract prohibiting that.
Law Educator, Esq.
Category: Business Law
Satisfied Customers: 121,050
Experience: All corporate law, including non-profits and charitable fraternal organizations.
Verified
Law Educator, Esq. and 87 other Business Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago

Thanks Paul. I gave you a well deserved expert rating for you help. If you can think of any other reasons of why I should not pursue servicing the IP product that I designed and developed, please let me know. Again, thank you.


 


Regards,


 


Rafael

Thank you very much.

If company X is not pursuing any real service, I really cannot think of any reason why you should not do so.
Ask Your Own Business Law Question
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 121,050
121,050 Satisfied Customers
Experience: All corporate law, including non-profits and charitable fraternal organizations.

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Attorney

1,851 satisfied customers

Experienced lawyer

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,611 satisfied customers

Run my own successful business/contract law practice.

MShore Law

MShore Law

Attorney

1,233 satisfied customers

Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements

RGMacEsq

RGMacEsq

Attorney

751 satisfied customers

Licensed Texas General Practice Attorney

Barrister

Barrister

Attorney

646 satisfied customers

17 years practicing attorney, JD, BA, MBA

Ely

Ely

Attorney

577 satisfied customers

Counselor at Law.

J.Hazelbaker

J.Hazelbaker

Attorney

393 satisfied customers

Experienced and trained in the area of business law.

< Previous | Next >

Related Business Law Questions
I'm suing a contractor for breach of contract - he refused
I'm suing a contractor for breach of contract - he refused to honor the contract we had in writing. I'm suing for the difference between his contract estimate and the contract of another contractor, w… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,288 satisfied customers
I signed a merchant agreement contract with a company in NY.
I signed a merchant agreement contract with a company in NY. After two years of the contract I noticed different amounts were being pulled from my bank account. I repeatedly tried to contact the compa… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,851 satisfied customers
I entered into a contract with my ex-wife to purchase a
I entered into a contract with my ex-wife to purchase a house that I lost to her in the divorce. I am to make monthly payments of $350.00 for 74 months or I can pay off at anytime. I have been making … read more
Lori
Lori
Juris Doctor
275 satisfied customers
Scotty, Couple more questions about the contract stuff. 1.
Hi Scotty, Couple more questions about the contract stuff.1. What are Remedies? 2. What is Warranty? 3. Why is some text in a contract UPPERCASE? like the Limited Warranty and Limitation of liability.… read more
lawyerJ
lawyerJ
Juris Doctorate
143 satisfied customers
I am working on an agreement (contract to company) to work
I am working on an agreement (contract to company) to work for a Master Distributor to manage develop the business. I had a originally proposed setting up and LLC and making each of us 50 / 50 partner… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,288 satisfied customers
I need to have a contracts electronically signed so it is
I need to have a contracts electronically signed so it is legally binding. Please send me links to sites that do this. Free would be great :)… read more
Barrister
Barrister
Attorney
Doctoral Degree
646 satisfied customers
I have a question regarding an international contract that I
Hi, I have a question regarding an international contract that I want to cancel It is between US citizen and EU citizen … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
121,050 satisfied customers
I need a template for a for a contract and have it
I need a template for a for a contract and have it notarized. I am going to partner with a person to create a website. I am the developer and he is going to finance the project. How do we get it notar… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,340 satisfied customers
Looking for someone with government contract experience.
Looking for someone with government contract experience. Looking to file a grievance and need advice… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,288 satisfied customers
I am looking to get private investment capital to secure
I am looking to get private investment capital to secure material from a factory overseas. The terms with the factory are 30% upon order and 70% upon delivery. My question is when I take the money fro… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,698 satisfied customers
Regarding terminating a business contract with a billing
Regarding terminating a business contract with a billing company that processes our billing. Both I and my partner signed contract as required by our Operating Agreement for the business . The billing… read more
LegalGems
LegalGems
Juris Doctorate
10,686 satisfied customers
Can you review the contract to see if there is any problem
Can you review the contract to see if there is any problem with it? I am selling the car for someone to use and by 6 month of payments, it will be his.… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,698 satisfied customers
I am 51% owner in an LLC. We need a capital call and also
I am 51% owner in an LLC. We need a capital call and also have liabilities, but the 49% owner is refusing to pay his 49% share. What are my options? … read more
Damien Bosco
Damien Bosco
3,386 satisfied customers
Question about business/contract law breach of contract and
question about business/contract law breach of contract and file a complaint I like to consult with an attorney preferably from ILLINOIS… read more
Damien Bosco
Damien Bosco
3,386 satisfied customers
Contract I'm being contracted by a divorce attorney to
ContractI'm being contracted by a divorce attorney to provide accounting work in a case. Do you have samples of contracts that I can use to send to the attorney? It is mainly to protect any emails or … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,340 satisfied customers
Does a general partner need to make a capital contribution
does a general partner need to make a capital contribution when starting a limited partnership? … read more
KLAW
KLAW
Juris Doctorate
1,759 satisfied customers
Can I raise capital in a company via private placement (PPM)
Can I raise capital in a company via private placement (PPM) if I am an actual officer or director of the company? If my duties involve marketing, financial projections, and other responsibilities out… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,698 satisfied customers
My company is in a capital raise and we have a foreign
My company is in a capital raise and we have a foreign investor wishing to purchase a block of our stock and wanting to use Raw Gold as tender. We have agreed. Since there is no duties to be paid on r… read more
Ely
Ely
Attorney
Juris Doctor
577 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x