QUESTION: Can the programmer steal my idea?

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  • Daniel Chartier

    QUESTION: Can the programmer steal my idea?

    Hello.

    I work in the paper industry and we recently had someone (the original
    author) from within the company make a program for preventive maintenance.
    However, it had some bugs and we wanted to add stuff to it, bu tthe original
    author/programmer was leaving, so we called in a free agent programmer.

    The free agent spoke with the original programmer and myself for a day. He
    fixed afew bugs. For the other bugs and the many improvements we had
    listed, he waid that he would need to see the original code, that he would
    charge us 2 hours time for looking at the code and studying the list of
    improvements. He had already charged us for 8 hours, but his rate was
    cheap, so we emailed him the code.

    Today, he calls me back, saying that he will rewrite the entire program on
    his own time. (Why do programmers always want to rewrite the whole thing?)
    He stresses that it will be all new code, that he's doing it without a
    contract, that we can buy it from him... but that he owns the copyrights.
    (Later on, he would say that because it is an access application and not a
    true program, that it iis in a grey area of copy right and that we cannot
    claim it as our own and he doubts that he could do claim it for himself...

    BS.

    I'm afraid that this guy liked our own idea so much that he is stealing the
    idea (who knows about the code?)

    I agree that the old code was probably pretty messy. The author iwas not a
    programmer by trade, he merely learned as he went along. The original
    programmer also limited the design very much by not using relationships.

    However, this guy (in his 40s or 50s) so interested in writing it, I'm
    scared.

    What can I do?

    -------------------------------

    I won't be in town for long, so please reply to daniel_cad at hotmail dot
    com . Otherwise, I won't see the message. Thanks.


  • Randy Birch

    #2
    Re: QUESTION: Can the programmer steal my idea?

    Tell him to send the code back, pay him for the 10 hours, and say goodbye.
    Or tell him you'll only do it with a contract, that stipulates you own the
    original and all derivative code he might write, including all new
    procedures, methods and algorithms, for the agreed fee. And get your lawyer
    to send the letter.

    --

    Randy Birch
    MVP Visual Basic

    Please respond only to the newsgroups so all can benefit.


    "Daniel Chartier" <daniel_cat at hotmail dot com> wrote in message
    news:3fcc0c78_2 @aeinews....
    : Hello.
    :
    : I work in the paper industry and we recently had someone (the original
    : author) from within the company make a program for preventive maintenance.
    : However, it had some bugs and we wanted to add stuff to it, bu tthe
    original
    : author/programmer was leaving, so we called in a free agent programmer.
    :
    : The free agent spoke with the original programmer and myself for a day.
    He
    : fixed afew bugs. For the other bugs and the many improvements we had
    : listed, he waid that he would need to see the original code, that he would
    : charge us 2 hours time for looking at the code and studying the list of
    : improvements. He had already charged us for 8 hours, but his rate was
    : cheap, so we emailed him the code.
    :
    : Today, he calls me back, saying that he will rewrite the entire program on
    : his own time. (Why do programmers always want to rewrite the whole
    thing?)
    : He stresses that it will be all new code, that he's doing it without a
    : contract, that we can buy it from him... but that he owns the copyrights.
    : (Later on, he would say that because it is an access application and not a
    : true program, that it iis in a grey area of copy right and that we cannot
    : claim it as our own and he doubts that he could do claim it for himself...
    :
    : BS.
    :
    : I'm afraid that this guy liked our own idea so much that he is stealing
    the
    : idea (who knows about the code?)
    :
    : I agree that the old code was probably pretty messy. The author iwas not
    a
    : programmer by trade, he merely learned as he went along. The original
    : programmer also limited the design very much by not using relationships.
    :
    : However, this guy (in his 40s or 50s) so interested in writing it, I'm
    : scared.
    :
    : What can I do?
    :
    : -------------------------------
    :
    : I won't be in town for long, so please reply to daniel_cad at hotmail dot
    : com . Otherwise, I won't see the message. Thanks.
    :
    :


    Comment

    • Bert Byfield

      #3
      Re: QUESTION: Can the programmer steal my idea?

      > it, bu tthe original author/programmer was leaving, so we called in a[color=blue]
      > free agent programmer.
      > ...
      > improvements we had listed, he waid that he would need to see the
      > original code, that he would charge us 2 hours time for looking at the
      > code and studying the list of improvements. He had already charged us
      > for 8 hours, but his rate was cheap, so we emailed him the code.[/color]

      Watch out for "cheap" programmers...
      [color=blue]
      > Today, he calls me back, saying that he will rewrite the entire
      > program on his own time. (Why do programmers always want to rewrite
      > the whole thing?)[/color]

      Rewriting the whole thing is often a better answer than putting endless
      patches on a bad program.
      [color=blue]
      > He stresses that it will be all new code, that he's[/color]

      He stresses that he did not steal your design...
      [color=blue]
      > doing it without a contract, that we can buy it from him... but that
      > he owns the copyrights. (Later on, he would say that because it is an
      > access application and not a true program, that it iis in a grey area
      > of copy right and that we cannot claim it as our own and he doubts
      > that he could do claim it for himself...
      > BS.[/color]

      This stuff is negotiable. If he writes a progam on his own and sells it
      (but not the copyright) to you, then he's right. If you have contracted
      to pay him by the hour, for your design, then the copyright is yours.
      [color=blue]
      > I'm afraid that this guy liked our own idea so much that he is
      > stealing the idea (who knows about the code?)[/color]

      Ideas are not copyrightable, but designs are.
      [color=blue]
      > I agree that the old code was probably pretty messy. The author iwas
      > not a programmer by trade, he merely learned as he went along. The[/color]

      Another cheap programmer... A pattern emerges.
      [color=blue]
      > What can I do?[/color]

      Use contracts with programmers, and don't always pick the cheapest
      programmer.



      Comment

      • J French

        #4
        Re: QUESTION: Can the programmer steal my idea?

        On Tue, 02 Dec 2003 04:00:17 GMT, "Randy Birch"
        <rgb_removethis @mvps.org> wrote:


        <snip>
        With reference to Bert Byfield's comments
        [color=blue]
        >:
        >: I work in the paper industry and we recently had someone (the original
        >: author) from within the company make a program for preventive maintenance.
        >: However, it had some bugs and we wanted to add stuff to it, bu tthe
        >original
        >: author/programmer was leaving, so we called in a free agent programmer.
        >:
        >: The free agent spoke with the original programmer and myself for a day.
        >He
        >: fixed afew bugs. For the other bugs and the many improvements we had
        >: listed, he waid that he would need to see the original code, that he would
        >: charge us 2 hours time for looking at the code and studying the list of
        >: improvements. He had already charged us for 8 hours, but his rate was
        >: cheap, so we emailed him the code.
        >:
        >: Today, he calls me back, saying that he will rewrite the entire program on
        >: his own time. (Why do programmers always want to rewrite the whole
        >thing?)[/color]

        Because the original was un-maintainable
        - written I reckon in Access
        It is often 'cheaper' to re-write ones own code, than hack it
        - other people's rubbish, one simply reverse engineers
        [color=blue]
        >: He stresses that it will be all new code, that he's doing it without a
        >: contract, that we can buy it from him... but that he owns the copyrights.
        >: (Later on, he would say that because it is an access application and not a
        >: true program, that it iis in a grey area of copy right and that we cannot
        >: claim it as our own and he doubts that he could do claim it for himself...[/color]

        Have you considered that a few simple ideas can quickly become public
        domain.
        [color=blue]
        >: I'm afraid that this guy liked our own idea so much that he is stealing
        >the
        >: idea (who knows about the code?)[/color]

        If the 'idea' was genuinely something new then you might have a case
        - however there is little new under the Sun
        [color=blue]
        >:
        >: I agree that the old code was probably pretty messy. The author iwas not
        >a
        >: programmer by trade, he merely learned as he went along. The original
        >: programmer also limited the design very much by not using relationships.
        >:
        >: However, this guy (in his 40s or 50s) so interested in writing it, I'm
        >: scared.
        >:
        >: What can I do?[/color]

        Probably your best bet is to make friends with him
        - I have often found that a bottle of Scotch works wonders

        - also the chances are that he has seen something in your 'idea' that
        extends well beyond the Paper Industry
        - knowing programmers he has probably spotted something generic
        - which you would never have thought of

        Personally, I and a few others here are in our 40's to 50's (some even
        older), and ... well I would be inclined to suggest that experience
        can help avoiding the obvious pitfalls.
        [color=blue]
        >:
        >: -------------------------------
        >:
        >: I won't be in town for long, so please reply to daniel_cad at hotmail dot
        >: com . Otherwise, I won't see the message. Thanks.[/color]

        Never ask a NG to reply by Email
        Never publish your Email address (even naively disguised)
        - it is asking for Spam .... and I am still suffering 100+ per day

        If you are lucky, you have stumbled on a canny programmer who can
        provide a really viable system

        However, my gut instinct is that you were the guy who was charged with
        knocking up a system in Access, got stuck, the bosses called in a pro,
        and you are worried about your 'rice bowl' (as they say in China)

        If coding is not your forte, then get on with life
        - if you want to be a coder then learn from the 'old git'

        In your case (I suspect) you would be far better off picking his
        brains and staying in your own area
        - he is unlikely to want your job
        - and could be a useful resource
        - Evil old b*stards sometimes assist upstarts - evolution etc


        Comment

        • Raoul Watson

          #5
          Re: QUESTION: Can the programmer steal my idea?


          "Daniel Chartier" <daniel_cat at hotmail dot com> wrote in message
          news:3fcc0c78_2 @aeinews....[color=blue]
          > Hello.
          >
          > I work in the paper industry and we recently had someone (the original
          > author) from within the company make a program for preventive maintenance.
          > However, it had some bugs and we wanted to add stuff to it, bu tthe[/color]
          original[color=blue]
          > author/programmer was leaving, so we called in a free agent programmer.
          >
          > The free agent spoke with the original programmer and myself for a day.[/color]
          He[color=blue]
          > fixed afew bugs. For the other bugs and the many improvements we had
          > listed, he waid that he would need to see the original code, that he would
          > charge us 2 hours time for looking at the code and studying the list of
          > improvements. He had already charged us for 8 hours, but his rate was
          > cheap, so we emailed him the code.
          >
          > Today, he calls me back, saying that he will rewrite the entire program on
          > his own time. (Why do programmers always want to rewrite the whole[/color]
          thing?)[color=blue]
          > He stresses that it will be all new code, that he's doing it without a
          > contract, that we can buy it from him... but that he owns the copyrights.
          > (Later on, he would say that because it is an access application and not a
          > true program, that it iis in a grey area of copy right and that we cannot
          > claim it as our own and he doubts that he could do claim it for himself...
          >
          > BS.
          >
          > I'm afraid that this guy liked our own idea so much that he is stealing[/color]
          the[color=blue]
          > idea (who knows about the code?)
          >
          > I agree that the old code was probably pretty messy. The author iwas not[/color]
          a[color=blue]
          > programmer by trade, he merely learned as he went along. The original
          > programmer also limited the design very much by not using relationships.
          >
          > However, this guy (in his 40s or 50s) so interested in writing it, I'm
          > scared.
          >
          > What can I do?
          >[/color]

          I am with Randy on this one. Send him away.

          If you're paying him for looking at the code and him designing and recoding
          then the code is yours. Having someone grab a hold of your product and
          possibly making money commercially using all the hours that you will be
          paying him is ridiculous.

          Although I agree, many times, rewriting the code would be faster than
          debugging and understanding someone else's code.


          Comment

          • Daniel Chartier

            #6
            Re: QUESTION: Can the programmer steal my idea?

            Hello.

            I saw your message just before leaving town. I won't be able to read your
            future replies until Saturday.

            So, you say that IF we decide to have him program it, and if we decide that
            reprogramming it will be less time consuming, we can only claim the
            copyright if he keeps the same design, even if there are some small changes.
            Yes, the eal was to pay him by the hour.

            However, I find it too coincidental that he would suddenly want to write
            this program so soon after our meeting and seeing our code. I do know that
            he is available for about one and a half weeks, so he probably anticipates a
            sale to us and is using his free time to speed up the process.

            So, what if he advances too far in the program before (and if) we do call
            him? He will say that he did it on his own time, and that if we change the
            design then ne will have to restart. The new design will be ours, but he
            might try to black mail us into paying his time for the intermediate version
            if he did not keep our design (which he can't do because of copyright).

            Blackmail. He's blackmailing me.

            I really don't know what to tell my boss...

            ... Can I ask the company lawyers to scare him into submission/giving up all
            copyrights because he saw our program and code?

            It should be mentionned that this programmer specialises in programs for
            industry. In fact, the name of his company translates into "Mechanical
            management". He has 25 years experience doing management of inventories,
            and I suppose preventive maintenance.

            "Bert Byfield" <BertByfield@no spam.not> wrote in message
            news:Xns944575A 171586bertbyfie ldcaravelab@127 .0.0.1...[color=blue][color=green]
            > > it, bu tthe original author/programmer was leaving, so we called in a
            > > free agent programmer.
            > > ...
            > > improvements we had listed, he waid that he would need to see the
            > > original code, that he would charge us 2 hours time for looking at the
            > > code and studying the list of improvements. He had already charged us
            > > for 8 hours, but his rate was cheap, so we emailed him the code.[/color]
            >
            > Watch out for "cheap" programmers...
            >[color=green]
            > > Today, he calls me back, saying that he will rewrite the entire
            > > program on his own time. (Why do programmers always want to rewrite
            > > the whole thing?)[/color]
            >
            > Rewriting the whole thing is often a better answer than putting endless
            > patches on a bad program.
            >[color=green]
            > > He stresses that it will be all new code, that he's[/color]
            >
            > He stresses that he did not steal your design...
            >[color=green]
            > > doing it without a contract, that we can buy it from him... but that
            > > he owns the copyrights. (Later on, he would say that because it is an
            > > access application and not a true program, that it iis in a grey area
            > > of copy right and that we cannot claim it as our own and he doubts
            > > that he could do claim it for himself...
            > > BS.[/color]
            >
            > This stuff is negotiable. If he writes a progam on his own and sells it
            > (but not the copyright) to you, then he's right. If you have contracted
            > to pay him by the hour, for your design, then the copyright is yours.
            >[color=green]
            > > I'm afraid that this guy liked our own idea so much that he is
            > > stealing the idea (who knows about the code?)[/color]
            >
            > Ideas are not copyrightable, but designs are.
            >[color=green]
            > > I agree that the old code was probably pretty messy. The author iwas
            > > not a programmer by trade, he merely learned as he went along. The[/color]
            >
            > Another cheap programmer... A pattern emerges.
            >[color=green]
            > > What can I do?[/color]
            >
            > Use contracts with programmers, and don't always pick the cheapest
            > programmer.
            >
            >
            >[/color]


            Comment

            • Daniel Chartier

              #7
              Re: QUESTION: Can the programmer steal my idea?

              Hello, Raoul.

              That is exactly what I am afraid of. That we will pay his hours, then he
              will sell the code to other companies.

              So, either we get him to write it and force him to sign a contract saying
              that he will not sell the program or ideas... but I don't know if that is
              going to work. After all, who doesn't recycle good ideas that they see
              elsewhere?

              Or, we have our lawyers tear him to bits and pieces. And, of course, my
              boss is going to treat me similary. Oh hell.
              [color=blue]
              >
              > If you're paying him for looking at the code and him designing and[/color]
              recoding[color=blue]
              > then the code is yours. Having someone grab a hold of your product and
              > possibly making money commercially using all the hours that you will be
              > paying him is ridiculous.
              >
              > Although I agree, many times, rewriting the code would be faster than
              > debugging and understanding someone else's code.
              >
              >[/color]


              Comment

              • SFB

                #8
                Re: QUESTION: Can the programmer steal my idea?

                Talk to your lawyer about a) who owns what and b) a standard intellectual
                property and confidentiality release next time you hire somebody to screw
                you.

                "Daniel Chartier" <daniel_cat at hotmail dot com> wrote in message
                news:3fcc0c78_2 @aeinews....[color=blue]
                > Hello.
                >
                > I work in the paper industry and we recently had someone (the original
                > author) from within the company make a program for preventive maintenance.
                > However, it had some bugs and we wanted to add stuff to it, bu tthe[/color]
                original[color=blue]
                > author/programmer was leaving, so we called in a free agent programmer.
                >
                > The free agent spoke with the original programmer and myself for a day.[/color]
                He[color=blue]
                > fixed afew bugs. For the other bugs and the many improvements we had
                > listed, he waid that he would need to see the original code, that he would
                > charge us 2 hours time for looking at the code and studying the list of
                > improvements. He had already charged us for 8 hours, but his rate was
                > cheap, so we emailed him the code.
                >
                > Today, he calls me back, saying that he will rewrite the entire program on
                > his own time. (Why do programmers always want to rewrite the whole[/color]
                thing?)[color=blue]
                > He stresses that it will be all new code, that he's doing it without a
                > contract, that we can buy it from him... but that he owns the copyrights.
                > (Later on, he would say that because it is an access application and not a
                > true program, that it iis in a grey area of copy right and that we cannot
                > claim it as our own and he doubts that he could do claim it for himself...
                >
                > BS.
                >
                > I'm afraid that this guy liked our own idea so much that he is stealing[/color]
                the[color=blue]
                > idea (who knows about the code?)
                >
                > I agree that the old code was probably pretty messy. The author iwas not[/color]
                a[color=blue]
                > programmer by trade, he merely learned as he went along. The original
                > programmer also limited the design very much by not using relationships.
                >
                > However, this guy (in his 40s or 50s) so interested in writing it, I'm
                > scared.
                >
                > What can I do?
                >
                > -------------------------------
                >
                > I won't be in town for long, so please reply to daniel_cad at hotmail dot
                > com . Otherwise, I won't see the message. Thanks.
                >
                >[/color]


                Comment

                • Raoul Watson

                  #9
                  Re: QUESTION: Can the programmer steal my idea?


                  "Daniel Chartier" <daniel_cat at hotmail dot com> wrote in message
                  news:3fcd2f5f_3 @aeinews....[color=blue]
                  > Hello, Raoul.
                  >
                  > That is exactly what I am afraid of. That we will pay his hours, then he
                  > will sell the code to other companies.
                  >
                  > So, either we get him to write it and force him to sign a contract saying
                  > that he will not sell the program or ideas... but I don't know if that is
                  > going to work. After all, who doesn't recycle good ideas that they see
                  > elsewhere?
                  >
                  > Or, we have our lawyers tear him to bits and pieces. And, of course, my
                  > boss is going to treat me similary. Oh hell.
                  >[/color]

                  Your best bet is to do a contract. It may be a little more expensive but to
                  pay by the hour is very, very expensive. He can milk you dry.

                  I used to be the head of a development team at a commercial software house
                  and have programmed over 40 software titles and I can assure you that in the
                  10 years that we have released hundreds of products, the contract always end
                  up the most cost efficient.

                  The nice things about contracts is the ability to specify deadlines for
                  deliveries (in steps, e.g. different sections every two weeks or so). You
                  can also include so that the source code is submitted. Most importantly the
                  schedule of payment is incremental. The contract I used even would reduce
                  the amount if the delivery is beyond 20 days late. Most importantly please
                  have the code quality controlled and tested by an independent / unbiased
                  individual who is experienced in software testing (platform compatibility,
                  user interface consistencies, bugs, etc.)



                  Comment

                  • Steve Gerrard

                    #10
                    Re: QUESTION: Can the programmer steal my idea?


                    "Daniel Chartier" <daniel_cat at hotmail dot com> wrote in message
                    news:3fcd2f5f_3 @aeinews....[color=blue]
                    > Hello, Raoul.
                    >
                    > That is exactly what I am afraid of. That we will pay his hours, then[/color]
                    he[color=blue]
                    > will sell the code to other companies.
                    >
                    > So, either we get him to write it and force him to sign a contract[/color]
                    saying[color=blue]
                    > that he will not sell the program or ideas... but I don't know if that[/color]
                    is[color=blue]
                    > going to work. After all, who doesn't recycle good ideas that they[/color]
                    see[color=blue]
                    > elsewhere?
                    >
                    > Or, we have our lawyers tear him to bits and pieces. And, of course,[/color]
                    my[color=blue]
                    > boss is going to treat me similary. Oh hell.
                    >[/color]

                    First, you should relax a little. Consider these points:

                    1. Your company has not invested much in this program so far.
                    2. Your company has no plans to enter into the software business (I
                    assume).
                    3. Your current design did not even use database relationships - its a
                    very basic implementation.
                    4. Preventive maintenance has been done. I once did a database project
                    for a paper company just for UT inspection of dryer bolts to detect
                    corrosion induced cracks.

                    The guy is probably interested in selling you the program instead of
                    just charging for time because he knows it will take quite a bit of time
                    to do it up right, and he thinks you would balk at the total hours he
                    would charge. So instead, he figures he will sell it to you for less,
                    and try to sell it to a few other companies as well - spread out the
                    cost a little, in other words.

                    Let him take a shot at it. If you don't like the program he produces, or
                    the cost, you are under no obligation to buy it. (Be sure to point that
                    out to him the next time you chat, his tune may change a little). And if
                    it turns out
                    to be a great program for you at a reasonable cost, and he makes some
                    money on it as well, we call that a win-win situation.

                    The chances that you are letting highly valuable intellectual property
                    slip through your hands are actually very small. He is not named Bill
                    Gates, and your program is not DOS.

                    Meanwhile, if you want, you can hire someone else to do the changes you
                    are seeking.

                    Steve


                    Comment

                    • SFB

                      #11
                      Re: QUESTION: Can the programmer steal my idea?

                      The program is only the sizzle. The steak is the algorithms for running the
                      business embodied in the program. Suppose this company produces high quality
                      products with the lowest equipment maintenance costs in the business.
                      Wouldn't competitors want to know how they do it. Often, business secrets
                      are buried in the code.

                      There was a time and place when the powers to be would not let us put the
                      most trivial of constants in the code. Everything had to be in data sets.
                      There were a few interesting conversations about PI.

                      "Steve Gerrard" <notstevegerrar d@comcast.net> wrote in message
                      news:9IOdnSjeFq 8WyFCiRVn-hA@comcast.com. ..[color=blue]
                      >
                      > The chances that you are letting highly valuable intellectual property
                      > slip through your hands are actually very small. He is not named Bill
                      > Gates, and your program is not DOS.
                      >[/color]


                      Comment

                      • Steve Gerrard

                        #12
                        Re: QUESTION: Can the programmer steal my idea?


                        "SFB" <sfb@spam.net > wrote in message
                        news:vKczb.1634 8$Qc.13781@bign ews5.bellsouth. net...[color=blue]
                        > The program is only the sizzle. The steak is the algorithms for[/color]
                        running the[color=blue]
                        > business embodied in the program. Suppose this company produces high[/color]
                        quality[color=blue]
                        > products with the lowest equipment maintenance costs in the business.
                        > Wouldn't competitors want to know how they do it. Often, business[/color]
                        secrets[color=blue]
                        > are buried in the code.
                        >
                        > There was a time and place when the powers to be would not let us put[/color]
                        the[color=blue]
                        > most trivial of constants in the code. Everything had to be in data[/color]
                        sets.[color=blue]
                        > There were a few interesting conversations about PI.
                        >
                        > "Steve Gerrard" <notstevegerrar d@comcast.net> wrote in message
                        > news:9IOdnSjeFq 8WyFCiRVn-hA@comcast.com. ..[color=green]
                        > >
                        > > The chances that you are letting highly valuable intellectual[/color][/color]
                        property[color=blue][color=green]
                        > > slip through your hands are actually very small. He is not named[/color][/color]
                        Bill[color=blue][color=green]
                        > > Gates, and your program is not DOS.
                        > >[/color]
                        >
                        >[/color]

                        I grant you that it is possible, and if so, protection is needed. I
                        guess my take on this particular situation is that it is unlikely. But
                        who knows, maybe they have found the secret to lubrication schedules...

                        So, what was the conclusion on PI? Did you have a proprietary value for
                        it?



                        Comment

                        • Larry Serflaten

                          #13
                          Re: QUESTION: Can the programmer steal my idea?

                          "Daniel Chartier" <daniel_cat at hotmail dot com> wrote[color=blue]
                          > Hello, Raoul.
                          >
                          > That is exactly what I am afraid of. That we will pay his hours, then he
                          > will sell the code to other companies.
                          >
                          > So, either we get him to write it and force him to sign a contract saying
                          > that he will not sell the program or ideas... but I don't know if that is
                          > going to work. After all, who doesn't recycle good ideas that they see
                          > elsewhere?
                          >
                          > Or, we have our lawyers tear him to bits and pieces. And, of course, my
                          > boss is going to treat me similary. Oh hell.
                          >[/color]

                          If you put all your cards on the table, and he puts all his, you may get what
                          you want, at a reduced rate. Since he was willing to work on it on his own
                          dime, I'd venture to think that he might be looking to profit from that
                          application at other companies, just as you said. He is in the business of
                          writing/selling software, that is his livelyhood. If you've shown him a need
                          he can fill, the cat is already out of the bag, regaurdless of what you do.

                          I am no lawyer, but I would think he wants to sell you his own code so that
                          he can retain the copyrights and sell the software to others. If you pay him
                          to write the code then it becomes a 'work for hire', where you retain the
                          copyrights, (which is why he has to do it himself, if he wants the copyrights).

                          What you need to make clear is that you do not want to loose the right to
                          modify, or re-write the code, just as you are having him do. If he has all
                          rights to the source code, you would loose that ability.

                          I'd say you should sit down and have a talk with him and find out why he
                          wants to write it on his own time, or why he wants the copyrights, at the
                          same time letting him know you don't want to loose the control you currently
                          have over making modifications. If you show you are willing to let him profit
                          from his work (selling to other companies) you can raise your concerns
                          about any trade secrets or other IP that you do not want to be included
                          in his package, as well as the modification rights mentioned earlier.

                          Either way, you will need to get your lawyers involved to draw up the
                          contract stipulating the rights and permissions you both are willing to
                          share. Schedule a face to face meeting, and tell him you don't mind
                          building a win-win relationship, and that there are concerns that you have
                          about him walking away with the code and all its ownership rights, when
                          you may need to modifiy it yet again, at some later date.

                          I am just suggesting you be open, and honest, until he shows reason for
                          you to be otherwise. Your job is in the paper industry, his job is supplying
                          software, if helping you can translate to helping others, he may be able to
                          profit from it. If you both agree that might happen, you may be able to
                          reduce your costs. If you try to hard line him, forcing him to give up the
                          rights to sell the software to others, he may want to overcharge you to
                          the point of not being hired to finish the project. (too expensive) At that
                          time he can go write the software anyway, and possibly still profit from it!

                          If you help him discover how you both can win, there is a good chance
                          you both will.... But the lawyers are still needed to be sure all the i's
                          are dotted, and t's are crossed, in a legally binding way, etc....

                          Good luck!
                          LFS









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                          Comment

                          • Bert Byfield

                            #14
                            Re: QUESTION: Can the programmer steal my idea?

                            > Talk to your lawyer about a) who owns what and b) a standard[color=blue]
                            > intellectual property and confidentiality release next time you hire
                            > somebody to screw you.[/color]

                            I would cut my losses and run (with the run method set by my lawyer as
                            recommended above), rather than continue to jostle around with someone who
                            is playing games with your head. Most professional contract programmers
                            (but certainly not all) will deal with you in good faith.



                            Comment

                            • Ryan McBride

                              #15
                              Re: QUESTION: Can the programmer steal my idea?

                              I have to agree with this here.

                              I like to think with instincts alot of the time, so my advice is that if you
                              get a bad vibe, bolt. Insist that what he has is yours, and that if he
                              would like to contract it out and put in there that he cant sell it, then in
                              that case, give him a second chance.

                              Honestly it sounds to me like he's just trying to highball you. Typical
                              sales thing. You offer your best product at an unreal price and then that
                              midsize standard old car doesnt look so expensive.

                              Just my two bits.

                              Ryan McBride
                              programmer wanabe

                              "Bert Byfield" <BertByfield@no spam.not> wrote in message
                              news:Xns9446959 17B808bertbyfie ldcaravelab@127 .0.0.1...[color=blue][color=green]
                              > > Talk to your lawyer about a) who owns what and b) a standard
                              > > intellectual property and confidentiality release next time you hire
                              > > somebody to screw you.[/color]
                              >
                              > I would cut my losses and run (with the run method set by my lawyer as
                              > recommended above), rather than continue to jostle around with someone who
                              > is playing games with your head. Most professional contract programmers
                              > (but certainly not all) will deal with you in good faith.
                              >
                              >
                              >[/color]


                              Comment

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