do you own your code??

GP

Hi.

I was asked an interesting question the other day.

I have developed some intranet applications for a few companies and a friend asked me the other day: "What's stopping them from copying your code and re-using it / selling it"

My response was, that to my mind the application belongs to the client but the code doesn't (very simplistic argument but just want to keep this short).

From what I've heard / read, I belive that the intellectual proeprty of the way the codes works to create the application belongs to the developer.

any thoughts ?

---

of course what I also told him was that I encrypt my code but that's another topic altogether.

ConsultClifford

on that note any one got experience using a (preferably free) php encryptor ??

Tnx

themole

it depends on your agree ment with the company.

it could be either. but unless you stipulated your ownership and right to sell the code to third parties i'm not sure you would be able.

Eoin

no

themole wrote:

it depends on your agree ment with the company.

it could be either. but unless you stipulated your ownership and right to sell the code to third parties i'm not sure you would be able.

As said, it depends on what the agreement is, but usually it is something like:

// COPYRIGHT 2001 "SoftwareCo".
//
// This material contains trade secrets and proprietary
// information and may not be used, copied, disclosed \
// or distributed except pursuant to a licence from
// "SoftwareCo".

One thing to help reduce this is to compile code one way or the other and in your scripts just call functions located the compiled part.

For example: in an ASP based project, I would move as much of the business logic into a DLL or something similar, and the ASP pages would just make calls. Obviously this does not solve every issue, but it can help.

my response was, that to my mind the application belongs to the client but the code doesn't (very simplistic argument but just want to keep this short).

That's exactly the way I would view it.

The Corinthian

eoin_s wrote:

One thing to help reduce this is to compile code one way or the other and in your scripts just call functions located the compiled part.

Such obfuscation is a practical rather than legal recourse. If a court finds that you are not the legal owner of the code in question, then they can force you to decrypt it.

That's exactly the way I would view it.

I don’t know if that is strictly true, or at least you would have to be very specific in whatever agreement they sign. After all, if it was true you would own all the code and be able to sell a copy of the entire application to a competitor of theirs.

If you are a freelancer, contractor or otherwise self employed the answer is both yes and no. Strictly speaking, a bespoke application for a client or development during a client will tend to belong to them. If you add prewritten code to a client’s project this could be construed as yours, but only if you specifically identify it as such. I do say strictly speaking as applying ownership on generic code is generally unenforceable or legally unreasonable.

If you are an employee then chances are you don’t own your code. In fact, most companies will include contract clauses that state that any code (even outside the office) will belong to them and even if there is no such clause in your contract of employment it may still belong to them if it can be demonstrated that what you’ve written is built on something that they own (this last point also applies to contactors, AFAIK). Students may also fall into this category, to a degree, in that college projects will tend to be the property of the college and not the student.

If you’re an unemployed hobbyist, it’s all yours though

Eoin

no

Corinthian - you are dead right, I didn't intend the compiled code to be taken as a legal means of protecting your code - as you said, just a practical way.

However, if the client does indeed own the code, does that then deny you from using code from that application for an app for another customer? I wouldn't think this is the case.

Students may also fall into this category, to a degree, in that college projects will tend to be the property of the college and not the student.

Don't ask me for examples, but some colleges have made big money on student projects that have turned out to be commercial successes.

The Corinthian

eoin_s wrote:

However, if the client does indeed own the code, does that then deny you from using code from that application for an app for another customer? I wouldn't think this is the case.

If the client does indeed own the code, then you would require permission from the client to reuse it.

JustHalf

eoin_s wrote:

However, if the client does indeed own the code, does that then deny you from using code from that application for an app for another customer? I wouldn't think this is the case.

If the client owns the code, then they can prevent you from using code from that application for an app for another customer. After all, it's their code you're using (even if you wrote it).

My advice would be to provide them with a software licence agreement explicitly stating who owns the code, and if they will not be owning it, the terms of their licence. Talk to a solicitor.

Figment

The law is unless explicitly SIGNED away, that's in a written form verbal doesn't count, then the copyright of the code belongs to the creator.

Unless the creator is in the employ of another and created the code as part of the job. Then the copyright belongs to the employer.

0utshined

eoin_s wrote:

Don't ask me for examples, but some colleges have made big money on student projects that have turned out to be commercial successes.

Wasn't the original Mosaic browser developed at a university?

rsynnott

GP wrote:

Hi.

I was asked an interesting question the other day.

I have developed some intranet applications for a few companies and a friend asked me the other day: "What's stopping them from copying your code and re-using it / selling it"

My response was, that to my mind the application belongs to the client but the code doesn't (very simplistic argument but just want to keep this short).

From what I've heard / read, I belive that the intellectual proeprty of the way the codes works to create the application belongs to the developer.

any thoughts ?

---

of course what I also told him was that I encrypt my code but that's another topic altogether.

It's generally considered to be "work for hire" and as such the property of the company, I think. Depends on whether you sold the company the code, or a license to USE the code.