Any lawyers? How would you define "technology transfer"

[dullard]

I need a quick answer - not enough time to wait to see our own lawyer (although I will later this week) - so I came here just on the off chance that someone would like to offer their opinions.

Suppose you have a machine and software for the machine. In a contract, there is terminology that says payment will be received upon completion of the "technology transfer" to a second party. The term "technology transfer" was unfortunately not clearly defined (our lawyer missed it when writing the contract). If you deliver the hardware (machine) and compiled software to run the machine (everything that is needed to use it), would you consider that a "technology transfer"? Or in your opinion is it required for the proprietary source code to be delivered as well?

I know nothing about law, but in my opinion if I purchase a computer, I expect some software to come with it, but I'd never expect the source code for Windows. This may be turn into a long legal battle...

 

[Ameesh]

it is not common place for the source to be included in the contract, i'm not a lawyer but i would say that doesn't include source unless the contract specifically says so.

 

[ebaycj]

fire your lawyer.

IANAL, but you could probably get away with giving them just the computer with no software. i'm sure that would constitute a 'technology transfer' in most people's eyes.


ebaycj

 

[Zombie]

it's not common to deliver code but "Technology Transfer" is very broadly defined. You should see the lawyer ASAP.



and yeh fire the farkin loser lawyer who missed that.

 

[gopunk]

yea talk to an IP lawyer... but if you ask me, unless otherwise defined, i would think technology transfer entailed all technology relevent, which would include source, as well as patents involved. when you buy a new computer, you're not paying for a technology transfer, you're paying for use of that technology.

 

[axelfox]

MALPRACTICE BABY

 

[MystikMango]

Not only the hardware and software, many times "technology transfer" also means the new company must be able to duplicate your efforts with thier production equipment. Seek out your lawyer.