DOMA Top 10
legal risks in web development

Michael Cordover (M+K dobson mitchell allport lawyers) · licenced under CC-BY-SA 3.0 AU

1: No written agreement

• The SQL injection of legal vulnerabilities

2: Poor payment terms

• Milestones
• Timeframes
• Interest & debt collection
• Security for payment
  • Termination
  • Lien
  • PPSR

3: Insufficient IP clauses

• Who will own copyright?
• When is copyright assigned?
• Is it yours to give?
• What about background materials?

4: Unlicenced materials

• Code snippits
• Stuff made for a former client/employer
• Assets
• "Inspired" copies
• Not just code

5: Lack of indemnities

• Who knows what that even is?
• Host liability
• Using supplied materials

6: Illegal boilerplate

• At best unenforceable
• Unintended consequences
• You might get fined

The software is provided "as is", without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and noninfringement.

7: Poor employee/subcontractor agreements

• Intellectual property
• Non-work/semi-work activities
• Trade secrets/non-compete

8: No portfolio rights

• Use of trademarks
• Confidentiality
• IP ownership

9: Poor specifications

• Keep agreement up-to-date
• Provide a change process
• Clear what's in/out of scope

10: Unlimited liability

• Consequential loss
• Third party failures
• Reliance on advice
• Updates and bug fixes

Questions?

• Michael Cordover
• This talk: doma.com.au/talks/top10.html (printable!)
• http://www.doma.com.au
• mjec@doma.com.au
• (03) 6210 0031