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  1. #26
    Join Date
    Feb 2006
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    Kepler 62f
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    16,703
    ramnet is correct.

    There's no such thing as "morals" in business. But there are ethics. And I don't see anything unethical, based on information submitted thus far.

    I operate from a personal code library that started in 1999, and it's almost always used. It grows with every project -- tweaks, additions, removals, etc. The idea that somebody could make any claim to it is beyond ridiculous. You'd better have one heck of a payoff for that to happen.
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  2. #27
    Lookup "work for hire" and "copyright"

    The buyer was naive, and the seller underhanded. Surely he must have known his intentions even as he coded the add-ons.
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  3. #28
    Quote Originally Posted by LuckyAnonymous View Post
    This is a copyright issue. By law everything is actually automatically copyrighted (at least in the USA).

    For him to provide the software he created through you and for you, I believe he is violating copyright laws, I'm pretty sure of this but perhaps I'm wrong. He is the pencil, you are the holder of the pencil, directing it this way and that to create a final product.

    I'd be interested in knowing this persons site and what kind of work is being sold.
    The basis of copyright is equal internationally. So, no need to specify USA.
    You are right in saying everything is automatically copyrighted. But the copyright goes to the author, namely the developer, by default. Only by the process of selling the copyright, or license to the copyrighted product another entity can use it legally.

    If the developer has sold the license, he retains all rights.
    If the developer has sold the copyright, the purchaser has the rights, possibly shared.

    But since the copyright wasn't sold, or any mention of it, to assume exclusive license of copyright owned by the client, was simply an incorrect assumption.

    He is not violating any copyright laws.

    A person is not a pencil or an object. That would be called slavery. With slaves, anything they manufacture is automatically owned by the owner of the slave.
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  4. #29
    Hi

    Thanks for the replies. I can see it both ways. It is true there was no contract in place which is probably where it went wrong. I have never hired a developer before and just assumed the work was exclusively for me. We did pay a premium price and could have got it cheaper elsewhere but this developer had a lot of experience. We were happy with the work anyway. It was basically two custom addons for Interspire Shopping cart, not sure if that makes a difference.

    I noticed many people said I could release it for free without breaking any laws due to no contract but to be honest, I wouldn't do that.

  5. #30
    Join Date
    Apr 2009
    Location
    OnTheWeb
    Posts
    2,397
    There are many factors to consider here besides the obvious no contract blunder. For example, was the purchaser afforded a discount / request a discount based on not having enough funds to complete the project? Was there any rough agreements in place before the project was started? (the reason for this is because in business a contract is a legally binding agreement made between two or more persons by which rights and obligations are required and hence enforceable by law) This holds true for both written and verbal contracts.

    Sometimes to you have to watch if the price you paid was premium or not. One would know if you paid a premium price or not based on the project scope and the amount you paid.

    I too agree that if the developer had a library of scripts to work with, he could have easily claimed to have used the same thing to recreate the script and sell it online. Also its not hard for a developer to alter the code enough to make something just like it without it actually being yours but a really good copy. It may look the same but the code might be different.

    As I said, a whole lot of factors to be considered here but is it ethical for him to release the same code to the general public for sale? No. He could have easily placed the code in his portfolio with a supporting review to gain more clients. I honestly think it was a low blow on the part of the developer to do such a thing but yet again, no contract was drafted and just about anything would go due to that.

    If I was you, I would not release it for free. I would release it for a lower price to regain finances you lost due to this (if any)
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  6. #31
    Join Date
    Feb 2004
    Location
    Scotland
    Posts
    2,833
    Although legal, I agree it was totally unethical for the designer to do this and personally I would name and shame them for it.

    Quote Originally Posted by cpoalmighty View Post
    If I was you, I would not release it for free. I would release it for a lower price to regain finances you lost due to this (if any)
    I'd be careful suggesting this. The work would not come under work to hire and as such the developer would retain copyright, meaning the OP has no right to resell the software or give it away free and doing so could open them to legal trouble.

  7. #32
    Quote Originally Posted by Wullie View Post
    I'd be careful suggesting this. The work would not come under work to hire and as such the developer would retain copyright, meaning the OP has no right to resell the software or give it away free and doing so could open them to legal trouble.
    Indeed. From my understanding, without a contract in place to transfer it to the client, the IP belongs to the developer. Selling/releasing it yourself would open you up to trouble!

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