Source Code release from Vendor

[AcCeSsDeNiEd]

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

 

[Matt Garrish]

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

 

[Tad McClellan]

^^^^^^^^^^^^
^^^^^^^^^^^^

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.