Source Code release from Vendor

Discussion in 'Perl Misc' started by AcCeSsDeNiEd, Mar 26, 2006.

  1. AcCeSsDeNiEd

    AcCeSsDeNiEd Guest

    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
    AcCeSsDeNiEd, Mar 26, 2006
    #1
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  2. AcCeSsDeNiEd

    Matt Garrish Guest

    "AcCeSsDeNiEd" <> wrote in message
    news:...
    > 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
    Matt Garrish, Mar 26, 2006
    #2
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  3. AcCeSsDeNiEd <> 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
    Perl programming
    Fort Worth, Texas
    Tad McClellan, Mar 26, 2006
    #3
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