when a developer holds the source code hostage

[Raithlin]

Old-school... A better alternative is:

DeveloperIswrongtowithholdSource = ClientHandoverMoney && DeveloperCustomWork;

Show-off.

 

[Bcm]

Old-school... A better alternative is:

DeveloperIswrongtowithholdSource = ClientHandoverMoney && DeveloperCustomWork;

int ClientHandoverMoney = 0;
int DeveloperCustomWork= 0;    
int DeveloperIswrongtowithholdSource 
__asm{
	MOV eax, ClientHandoverMoney;
	MOV ebx, DeveloperCustomWork;
	ADD eax, ebx;
	MOV DeveloperIswrongtowithholdSource, eax;
}
printf("Developer is Wrong: %x", DeveloperIswrongtowithholdSource == 0);
return DeveloperIswrongtowithholdSource;

 

[FarligOpptreden]

C'mon BCM - that's just overkill! Stick to simplicity. The less code you write, the easier it is to understand.

 

[malec]

There was an article on this a while ago

http://mybroadband.co.za/news/General/5883.html

 

[Gnome]

You're wrong there. Go read up on ICT law a bit. If the client paid for services rendered (programming) they own the source.

If he developed their website and they did not pay for it only then can he refuse to hand over the source code. The client has a case and can sue him for the source code and subsequent damages.

Same thing goes when you work for a boss (even though it's not in your employment contract). Your boss pays you money to develop source code. You have no right to then pretend that you own the source you wrote.

What he said, we had a lecture on IT Law, I'm not sure if I am permitted to post the name of the firm. But if you pay someone to develop code for you, you own the IP.

 

[Gnome]

There was an article on this a while ago

http://mybroadband.co.za/news/General/5883.html

That article has some misinformation, you may not patent code in this country it is illegal to do so, copyright is the only recourse.

I repeat YOU MAY NOT patent software in South Africa, it is ILLEGAL.

Trademark as you may know is something completely different and does not protect the code, some companies do patent their code but because it is not legal it will not hold in court and most probably will only serve to land them in hot water.

This is from a SA Electronic Law and Intellectual Property Law specialist, it's not something I'm making up.

 

[guest2013-1]

So does that mean that any actual code can be created in a class and the website only make use of such classes?

Depends really. Yes and No. .NET gives you the ability to extend it's own controls and then add your own features to it for example. That can be the programmer's company's proprietry code and the client needs to pay for the license to use them. Some companies allow their clients to use that if they keep the business with that company.

But if you start talking about stuff like datalayers that's in DLL form (or any class for that matter) that runs their website, depending on what the website does, I don't think a simple encapsulation in a class would keep them from getting their source. Only controls like custom grids etc might

So yea, the client has a legal stance against this guy to get the source according to the law. All they need is for a lawyer to draw up a letter and have the intention to sue (which doesn't cost much, maybe R150 these days) and after the programmer ***ked his pants they should have the source so maintanence can happpen and the rewrite into a non-compiled tech would happen too.

Like I said before, clients are pretty much clueless when it comes to IT and the law surrounding it. I must be one of the few guys who realizes if the client asks for their source they can have it, no questions asked.

 

[Raithlin]

I must be one of the few guys who realizes if the client asks for their source they can have it, no questions asked.

Let's see. You and me makes two (a couple). We need one more to make a few. Any takers?

Seriously though, You make a damn good point. Business is clueless, and the web developers are either clueless or out there to take the client for a ride. Present company excepted, of course. More education needs to happen in this respect - on both sides.

 

[John Giles]

Some legal answers

Let's see. You and me makes two (a couple). We need one more to make a few. Any takers?

Seriously though, You make a damn good point. Business is clueless, and the web developers are either clueless or out there to take the client for a ride. Present company excepted, of course. More education needs to happen in this respect - on both sides.

I have only picked up on this thread now - a bit late I know.

Firstly, regards the patenting of software - it is not illegal and is possible. Not easy but possible. Certainly not illegal.

Secondly, regards the ownership of copyright. The default position is that the designer or developer owns the copyright in the web site. The parties can agree otherwise though and often do. Even if the client pays for the web site, copyright stays with the designer or developer. For more information take a look at this blog post I wrote: http://www.michalsons.com/dont-ignore-the-legal-considerations-when-creating-a-web-site/2261

Thirdly, regards employers and employees and copyright, it is pretty complicated. There has however recently been a new court decision that deals directly with the issue. For more information have a look at http://www.michalsons.com/employer-v-employee-who-owns-that-copyright/1403.

You mentioned more education - this is exactly what Michalsons Online is all about - making the law relating to technology more open, accessible, and understandable. We have only recently launched it in its current form. I'd value any comments or suggestions.

 

[Raithlin]

Thanks, John. I'll be taking a look at your articles (linked) to educate myself.