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Microsoft Dynamics NAV (Archived)

Switch from one NAV Partner to another - Ownership of custimazations made in 50,000 range - (Non-Add Ons)

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Hi

A friend of mine is having some issues since switching NAV Partner and would be grateful if you can help me:

FACTS

1.My Friend (lets call him Joe) contracted by Company X which was an official MS NAV Partner. Joe acquired the NAV licence from X and X also carried out a number of customizations in the public range for Joe. These were not Add-Ons and therefore not registered with Microsoft.

2. Microsoft terminated the Partner status of X (due to payment history etc of X - but that is another story). Bottom line is that Joe became literally orphaned. Microsoft offered Joe to switch onto other official Partners. The Partner Agreement between Microsoft and X also clearly stated that in case of termination Microsoft had right to switch his customers onto other Partners.

3. Joe started obtaining maintenance and support from Company Y ( the new NAV Partner). Y also upgraded Joe to a later NAV after some time.

4. After a while, X came back claiming that  all IP in the customisations belong to him and Joe could not use them and that Y could also not use them. These customizations were made in the 50K+ range but not as Add-Ons.

5. Object IDs of these objects show that Joe has all permissions (as part of his NAV License for such objects - including read, modify, execute, delete etc). Also, there is no comment in the objects showing that these objects belong to X. Nor it appears that such custimizations are locked.

QUESTIONS

1. Can a new MS PARTNER offer support over custimizations made in the public range by a previous Partner?

2. Since the License  Permission details show no red lines (where Joe would not be allowed to read, execute , modify etc etc), what rights is X claiming then?

3. Would custimzations made in the public raneg essentially mean that they are quasi-open source and therefore available for NEW Partners?

Please help as now JOE and Y are being threatened by legal action!!!

Thanks 

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  • Rashed Profile Picture
    3,765 on at

    Any customization in nav belong to Ms. All partners sign the partner document and it states in there that all customization belong to Ms.  I heard this from a senior consultant 10 years ago, when customer asked similar question.  So the partner cannot claim that is their ip. You can verify it,  by looking in the partner agreement. I have not seen a partner agreement to verify this.

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