Personal vs. Commercial Use

  • mindfullsilence
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Post 3+ Months Ago

My friend and I are in the process of writing some pretty heavy code for a project. My contribution to this software is HUGE and I want to create a cotnract between him and I about it's licence and use. The license will more than likely include an NDA with an expiration date and a "can't sell source unless we both agree" type deal somewhere in it.

Now, the license agreement needs to be electronically signed by both of us. So I took a gander around and found this: http://www.docusign.com/

They have a free plan for personal use that allows up to 5 documents per month to be digitally signed. My question is, does this fall under personal use? I read their EXTREMELY LONG terms of use and found absolutely nothing defining "personal use". Btw...good god could they please use some frickin indentation or something in those things! :P

Anyway, there's a pretty big fuzzy [s]loine[/s] line when it comes to defining "Free For Personal Use" stuff, so I was wondering what your guys' take on this services idea of personal use was.

Disclaimer: I won't sue or hunt you down if you end up being wrong about their idea of personal use. Just want to get a general consensus on what people are thinking in this situation.


Edit: Haha, fuzzy loine...oh goodness.
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Post 3+ Months Ago

  • spork
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Post 3+ Months Ago

I know this is probably obvious, but your best bet is to get in touch with a lawyer. He/she will be much better able to give you advice that covers all factors, and probably even draft up a contract for you (if you're willing to pay, of course).
  • mindfullsilence
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Post 3+ Months Ago

Yeah, I realize that's probably the best advice, but I'd rather have an opinion. The reason I want the opinion instead is because I'd like to know peoples thoughts in general what is considered fair use and what is not, not only in this instance but overall. Personal Use doesn't really have a lot of info out there about what you can get sues for and what you can't...and it's been changing constantly over the years. 10 years ago I could give a friend an old music cd I had. Now, I may or may not be vulnerable to getting sued for it. It's legal for me to back up my DVD's, but not legal to crack the copyright protection layer in order to do so...

Know what I mean? Might be a good discussion for the board.
  • joebert
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Post 3+ Months Ago

You know, I've seen people come up with all sorts of ifs, ands, and buts for defining the difference between personal and commercial use over the years, but frankly, the definition of "commerce" is pretty cut and dry.

Quote:
Social dealings between people


If you're interacting with other people, it's commercial.
  • mindfullsilence
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Post 3+ Months Ago

If that's the case, then wouldn't that make the "Personal Use" plan for docusign ineligible for anyone and everyone? Why would it even exist if it serves no purpose to anyone?
  • sergeyL
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Post 3+ Months Ago

you situation is of commercial use only if your partner is your relative, then it is a personal issue, but if not it can't be so.
  • Zealous
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Post 3+ Months Ago

O.k if we are focusing on rights over the IP.

Would it not be personal contracts for lets say contracting someone to mow your lawn or fix your computer. To me personal contracts are something int he private life.

Now your commercial contracts is anything to do with business and making money, if you created a product and are going to sell this product then it would be a commercial based.

End of the day you just need a notarized form stating that your vision of labor and % owned of the company and theirs. Anything that you want protected then that should be in it.

Once both are signed and lawyer has notarized it then it becomes a legal document then if something happens you have a legal document to state who owns what.

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