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| Can I license and sell the flows/message sets that I build? |
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| jnoubi |
 Posted: Fri Dec 19, 2014 8:52 am Post subject: Can I license and sell the flows/message sets that I build? |
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Joined: 26 Sep 2006
Posts: 24
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I have built a set of flows and used for transformation ESQL/Java and mapping nodes to perform a set of tasks. I plan on selling this work to a potential customer as a licensed software.
I am not a lawyer so I dont really understand the license lingo, but for those who understand the IBM message broker licensing, does the message broker license forbids the licensing/selling of any work done in the form of flows and/or bar files? |
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| Vitor |
| Posted: Fri Dec 19, 2014 9:08 am Post subject: Re: Can I license and sell the flows/message sets that I bui |
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Grand High Poobah
Joined: 11 Nov 2005
Posts: 26093
Location: Texas, USA
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| jnoubi wrote: |
| I am not a lawyer |
Nor am I but....
The ESQL & Java source code is the intellectual property of the domain in which is was written. So if you wrote it, it belongs to you, if you wrote it for a customer and your contract with the customer gives them the domain, it belongs to them, if you wrote it while employed by someone (even if not employed to write ESQL & Java) then it almost certainly belongs to your employer as that's a boilerplate condition in most contracts of employment.
So far as the IBM license goes, you cannot sell, re-sell, distribute or otherwise package any part of the broker in with your source code and bar files. This includes the installation media, so you couldn't (for example) include the media with your code with some instruction like "run this once you've got a license from IBM"; that's distribution. Likewise the bar files, while just zip files, are in a proprietory format. I'd also wonder about the content of the mapping nodes if I was in your place....
Basically:
- if you didn't type it out in your own house while unemployed you need to be sure you can sell it & a lawyer is the place to start being sure
- don't sell anything you didn't type even if it's installed on your machine and is exported with the package.
I'd also reach out to IBM. They can provide a definitive list of things they don't like distributed and may offer some assistance in the selling of your product (if they like it).
I am not now nor have I ever been a lawyer, I am not now nor am I connected with IBM in any sales or marketing capacity but I've seen IBM lawyers dealing with license violations. They swim in packs and have suits specially tailored to accomodate their dorsal fins..... 
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Honesty is the best policy.
Insanity is the best defence. |
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| jnoubi |
| Posted: Fri Dec 19, 2014 11:41 am Post subject: |
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Joined: 26 Sep 2006
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| Thanks Vitor for the detailed reply... |
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| Vitor |
| Posted: Fri Dec 19, 2014 12:19 pm Post subject: |
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Grand High Poobah
Joined: 11 Nov 2005
Posts: 26093
Location: Texas, USA
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| jnoubi wrote: |
| Thanks Vitor for the detailed reply... |
You're welcome.
I repeat my stance that you may well want to get a more detailed (or at least more qualifed) reply.
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Insanity is the best defence. |
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