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Startup crisis. Dorm room style.

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11–20 of 88 posts

Re: Startup crisis. Dorm room style.

#11
post #9

I would just continue without signing the contract (as long as he pays) and wait some more time how things turns out.

I suppose there already is a contract. At least in my country, vocal contracts are binding, too. Then a lot of "default laws" apply, if the contract does not specify anything else.

Re: Startup crisis. Dorm room style.

#12
First: recognize that you made a mistake here. Accepting the money without a contract is only going to confuse things. Pay the money back, (borrow from the First National Bank of Mom and Dad if you have to).

While doing so, tell Roomie (and RoomieDad) that you want equity. Explain that you like the idea, and think you have a lot to contribute. Also explain that if they're not interested in giving you equity, that's cool-- you haven't signed anything giving up the IP on what you wrote, and while you're happy to let him use it for his class project, you retain the commercial rights to your code.

Try not to make it sound adversarial. Explain how psyched you are about the idea. And, when you get a revised contract from RoomieDad, get a lawyer of your own to look it over before you sign it. (Again, prostrate yourself before Mom and Dad if you have to-- it's not pleasant, but an hour of a lawyer's time is worth it.)

Re: Startup crisis. Dorm room style.

#13
Don't work with this guy. He's trying to take advantage of you.

If his dad is a lawyer, you are going to be in a trouble if you actually get into some kind of a disagreement with the guy. He can say that you did in fact have a verbal agreement and that he showed you the papers and you agreed.

$400 is very, cery little money if there is a possibility of legal fight involved and by giving you the contract he has laready showed that he's serious about the legal stuff.

Re: Startup crisis. Dorm room style.

#15
Usually in college, thaving a contract does not matter as work between friends does not need this and costs are generally shared. However, in your case you guys are not doing this as friends, which is highlighted by his inital contract. If he is paying you then you are an employee/contractor paid to do a job and as is the case in most companies what you produce remains the property of the company (or person paying) unless otherwise agreed.

Hence sort this out now before a small problem becomes a big problem :)

Re: Startup crisis. Dorm room style.

#17
Forgot to mention, if the idea is good and things are working dont let these issues stop you guys. Too many good/promising ventures fail as people get greedy/petty early. Better you both have 50% of some thing big than 0% of nothing (okay 0% of nothing is not possible but you get what I mean).

Re: Startup crisis. Dorm room style.

#19
post #2

Wow, this could get really complicated if you end up building something people want. Before it gets any further, you need to have a talk with your partner and his group members and talk about what they want to do with the site after the class is over and if they're willing to give you significant equity. If they don't give you equity, and you cease development after 20 hours, make sure that you are allowed to launch…

rms, why do you think jfornear will need to recode? (S)he hasn't signed over the copyright, and there is no mention of it having been discussed in the verbal agreement. And the bulk of it was copy and pasted. The 'customers' cannot copyright the idea, although they may have explicitly stated that part of the discussion consisted of trade secrets. This is rather different from the Facebook case, where there was pre-ex…

IANAL, but it sounds like it's work-for-hire. If you pay someone to do work (particularly by the hour), it's my understanding that they own the intellectual property you generate.

Re: Startup crisis. Dorm room style.

#20
So a week later, he doesn't seem to care that I didn't sign his dad's contract, and he pays me for the first couple of things he needed to meet in-class deadlines.

IANAL, but that's a bad sign.

It might be that by virtue of continuing working and continuing accepting payment, you are already contractually obligated, etc.

You should stop work and return whatever money you've accepted.

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