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dpf
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From: India-napolis
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ownership of code - 8/15/2005 16:51:36
Ive always been of the opinion that the purchaser of the site ought to own the code .. as opposed to what I feel are unethical developers who dont give a copy, wont release one if they want to change hosts or get a new company to redo it. ("ive got that one covered" I said, smugly) suddenly, I realize the issue may be much more complex than this dimwit ever considered.
I just did a nice ASP site fr a company that is a member of a large network of identical companies and I plan on contacting all the other companies and then it occurred to me - what if this company just offered to "share" their code? Im not really expecting that to happen in this case but - I sure didnt cover myself in their contract.
does anyone have language in their contract to address this?
while I am at it, does anyone have contract to share? or would a post of "issues to address in a contract" be a good idea.
thanks
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Dan
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BobbyDouglas
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RE: ownership of code - 8/17/2005 5:38:08
Why not just add a simple sent. that says that "The designer retains exclusive rights to the code produced, and copy or distribution of code is not allowed.
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caz
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RE: ownership of code - 8/17/2005 9:35:38
This was the key introduction,
quote:
Ive always been of the opinion that the purchaser of the site ought to own the code
There are ways to do this without allowing reuse elsewhere, as you will see from the discussions referenced.
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dpf
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RE: ownership of code - 8/18/2005 12:15:03
quote:
Also, wouldn't you have to agree that I'm just way too annoying? I dont agree at all - to meet the high standard of "Annoying One" on this forum, you must try harder. I'll have to ponder the intent. lets remember, plagarizm (sic) and copyright infringements are not crimes. Intent is significant in criminal law. If I sat down and wrote a song and called it "Black Mgic Woman" and it was note for note identical to the famous one (written by Peter Green of Fleetwood Mac - not carlos Santana), it matters not whether I intended to steal it or it "came to me in an inspiration". the facts of the case are determinant.
Consider the famous case of the late George Harrison and his song "my sweet lord". as I understand the case, he was sued by the author(s) of the Shirelles hit "he's so fine". Harrison testified that he was a "jungle musician" i.e an untrained naturalist and that the song came to him. Be that as it may, case law in music copyright cases has gotten so deep that a certain number of identical notes now is a prima fascia case of infringement. less consecutive identicla notes isnt.
But interesting pointsyou make nonetheless. who hasnt seen a site and said "wow, neat effect - i am going to do something similar"
my original post, i was thinking more in terms of programming code server side where a client who had no idea and wasnt even in the usiness could say to peers (who I want to solicit for more business) hey ive got a cool site - i iwll copy it free and you will have one. same issues i suppose as copying a music cd or off-the-shelf software ( and I confess to not being a virgin in that area).
btw: plaintiff cse upheld; harrison lost
<edit> furthermore - I resent you trying to wear the label of annoying - there are people on this forum who have worked long and hard for that label and you just arent there yet. a good start tho </edit><grin></grin>
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Dan
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caz
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RE: ownership of code - 8/18/2005 12:21:32
quote:
my original post
Did you find the information in those references that I gave you at the top of any use? Just like a bit of feedback, now and again.
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I remember when it took less than 4hrs to fly across the Atlantic.
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dpf
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RE: ownership of code - 8/18/2005 13:11:22
quote:
Can any of it ever be original except in the order you use it? Just a thought. there are only 26 letters in the lphabet I learned
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dpf
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RE: ownership of code - 8/18/2005 15:09:45
quote:
and one of those dropped off! nope _ I dont own the rights to th_t one _nd I c_nnot use it
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Printable Version 
), when you're working with xhtml/css etc., just how much code can you ever call original anyway? The tags and attributes that make up the code are laid down in the standards written by the W3C. Does that make them property of the W3C, or are they common property? It's the stuff bewteen the tags that I suppose you could call intellectual property. 
