Legal Question in Intellectual Property in New Jersey

FTP access to database

My devleloper is pushing us to host with him on his server. Is he legally liable to provide us with ftp (with a login and password) access to our database files? Or can he deny us that access?

Asked on 3/05/09, 10:39 am

4 Answers from Attorneys

David Anderson Anderson Business Law LLC

Re: FTP access to database

That is a contract term that you must negotiate.

I would never recommend a client host w/o access.

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Answered on 3/05/09, 10:43 am
Daniel Pepper Pepper Law Group, LLC

Re: FTP access to database

The answer will also depend upon the type of data that the developer would be hosting, and whether he is obligated from a regulatory perspective to provide access. Like the previous response, you should certainly not enter into a deal with the developer without a comprehensive development and hosting agreement.

We handle these types of agreements on a regular basis, so feel free to contact my office with any questions.

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Answered on 3/05/09, 10:54 am
Johm Smith tom's

Re: FTP access to database

It depends on who owns the content of your site, which should be clarified in your contract. Obviously you want to own your site content but not having an Internet attorney may have given your developer the upper hand.

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Answered on 3/05/09, 11:07 am
John Corbett Corbett Law Firm LLC

Re: FTP access to database

There is no statutory or regulatory requirement that the developer provide any particular type of access. However, you are correct in thinking that you not only need access, you also need assurances that access will not be denied if the developer and you have some kind of disagreement. For that, you need a contract with teeth.

Try first to understand why the developer wants you on his server and whether this is to be temporary or permanent. If he has proprietary extensions that he wants to use, just having your data and code back may not be enough. That is, it does you little good to have your database and site returned to you if it is not compatible with anyone else and won't work on another server. Once you have answers to questions such as these, a lawyer who understands the technology can draft a contract clause that can protect you.

My firm handles matters of this type. If I can be of further help to you, call or email.

See also:

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Answered on 3/05/09, 2:17 pm

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