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Source Code release from Vendor

 
 
AcCeSsDeNiEd
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      03-26-2006
Sorry for th OT. But I am unable to find any "specific" ng to post this
question, Being a perly myself, I thought I would just post here.

Was wondering, what is the "normal" practice here is sg when it comes to
releasing the source code by a vendor which you hire to develop a
software for you? If there is no contract in the 1st place and nothing
indicating whether or not the source code would be retained/released by
the vendor?

And if the software was designed in-house with a in-house project
manager? And only the programming labour was outsourced to the vendor in
question.


Thx

To e-mail, remove the obvious
 
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Matt Garrish
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      03-26-2006

"AcCeSsDeNiEd" <(E-Mail Removed)> wrote in message
news:(E-Mail Removed)...
> Sorry for th OT. But I am unable to find any "specific" ng to post this
> question, Being a perly myself, I thought I would just post here.
>
> Was wondering, what is the "normal" practice here is sg when it comes to
> releasing the source code by a vendor which you hire to develop a
> software for you? If there is no contract in the 1st place and nothing
> indicating whether or not the source code would be retained/released by
> the vendor?
>
> And if the software was designed in-house with a in-house project
> manager? And only the programming labour was outsourced to the vendor in
> question.
>


If you hired the people to write the code for you, they generally can't
claim to have control over it. Unless, of course, you're buying a pre-built
software from them to include in your application (e.g., the restrictions on
embedding MySQL without paying for a license), but then you would have had
to sign a EULA.

I would hazard a guess that the code is yours to do with as you like based
on your description, but would strongly suggest contacting a lawyer and not
taking the advice of a usenet newsgroup if there's any reason to expect a
lawsuit. Lacking a paper trail as you do, anything anyone tells you here is
just speculation.

The converse, however, would make for a very difficult world: they
contracted me to code this application they designed but since I wrote some
code I now feel it's mine. It's kind of like a manufacturer claiming a
patent is now his/hers because they manufactured the final product on their
assembly line. But maybe there are secrets of production they don't want you
disclosing... : )

I would strongly suggest writing up a standard form for your contracters to
sign in the future, though (one that states in no uncertain terms that any
code belongs to you and can be distributed/modified as you please). I would
expect that your employees have already signed a confidentiality agreement
stating that any code or ideas developed internally belong to the company.

Matt


 
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Tad McClellan
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      03-26-2006
AcCeSsDeNiEd <(E-Mail Removed)> wrote:
^^^^^^^^^^^^
^^^^^^^^^^^^

You might consider not using a style often adopted by spammers.

I would normally delete a post like that unread, but I happen
to be bored on a Sunday morning this time...


> Sorry for th OT. But I am unable to find any "specific" ng to post this
> question,



Head on over to:

misc.int-property


There are some intellectual property lawyers lurking there.

Ignore the boneheads posting "Condo For Sale!" ads.


--
Tad McClellan SGML consulting
http://www.velocityreviews.com/forums/(E-Mail Removed) Perl programming
Fort Worth, Texas
 
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