Results 1 to 20 of 20

Thread: any solution please

  1. #1

    Thread Starter
    New Member
    Join Date
    Apr 2007
    Posts
    9

    any solution please

    i work for a non-IT company.i made a s/w solution using vb6 basically as a hobby.now the boss is pressurising me to part with the source code as maybe he sees marketing potential in that.(maybe he thinks of changing the name of our company on the software and selling it to others or something like that) .since i am under a job contract, i will have to part with the source code but can anybody suggest ways that he is unable to use it.any suggestions are welcome.something like some hidden code which makes the program go bad after some date or anything like that.

  2. #2
    I'm about to be a PowerPoster!
    Join Date
    Jan 2005
    Location
    Everywhere
    Posts
    13,647

    Re: any solution please

    I would be looking carefully at your contract before doing anything underhanded like that as it may very well breach the terms of contract and void any agreements you have. From an ethical point of view, I don't think it's a very nice thing to do either and I would not pursue the practice if I were you.

    Sorry, but if your contract says your source code belongs to (or is permanently licenced to, or such) your employer, then that's how it is.

  3. #3
    I'm about to be a PowerPoster! Hack's Avatar
    Join Date
    Aug 2001
    Location
    Searching for mendhak
    Posts
    58,333

    Re: any solution please

    Moved

    Did you develop this program on your own time, using your own equipment or did you develop this on company time, using company equipment?

  4. #4

    Thread Starter
    New Member
    Join Date
    Apr 2007
    Posts
    9

    Re: any solution please

    i was not paid for this software and only 20% was developed on company hardware and time.as regards the contract, i mentioned the job contract which is totally unrelated to this software.this software was done on my own initiative without any contract or money.

  5. #5

    Thread Starter
    New Member
    Join Date
    Apr 2007
    Posts
    9

    Re: any solution please

    i was not paid for this software and only 20% was developed on company hardware and time.as regards the contract, i mentioned the job contract which is totally unrelated to this software.this software was done on my own initiative without any contract or money.

  6. #6
    I'm about to be a PowerPoster! Hack's Avatar
    Join Date
    Aug 2001
    Location
    Searching for mendhak
    Posts
    58,333

    Re: any solution please

    Quote Originally Posted by vb_fish
    i mentioned the job contract which is totally unrelated to this software.
    Quote Originally Posted by vb_fish
    since i am under a job contract, i will have to part with the source code
    If it is unrelated to the software, then why will you have to part with it?

  7. #7

    Thread Starter
    New Member
    Join Date
    Apr 2007
    Posts
    9

    Re: any solution please

    because i am on a job contract and losing the job will mean a big loss to me. the boss can sack me or trouble me if say no for the source code.

  8. #8

    Thread Starter
    New Member
    Join Date
    Apr 2007
    Posts
    9

    Re: any solution please

    i realised that it is not worthwhile to say no to him as the stakes are high but i dont want him to use it for his personal gains

  9. #9
    I'm about to be a PowerPoster!
    Join Date
    Jan 2005
    Location
    Everywhere
    Posts
    13,647

    Re: any solution please

    Yes but how does the job contract relate to the software? You said it was unrelated.

    Also if you could try and keep replies to one post thanks (I know the server's a bit flaky at the moment ).

  10. #10

    Thread Starter
    New Member
    Join Date
    Apr 2007
    Posts
    9

    Re: any solution please

    some clarifications:
    1) i work for a Non-IT company
    2) The job contract does not mention any software or any source code
    3) i made the software as my own initiative
    4) i was not paid for the software
    5)but i will have to part with the source code because i dont want to be sacked.if i quit or change my job at this juncture i could get into trouble as per my job contract.

  11. #11
    I'm about to be a PowerPoster! Hack's Avatar
    Join Date
    Aug 2001
    Location
    Searching for mendhak
    Posts
    58,333

    Re: any solution please

    Do you work through a contract company? If so, are they aware of this situation?

  12. #12
    PowerPoster Pasvorto's Avatar
    Join Date
    Oct 2002
    Location
    Minnesota, USA
    Posts
    2,951

    Re: any solution please

    if your employer fires you because you would not part with your own "personal"software..Sue his ass!

    But, before you do anything rash, take your contract to a lawyer and see what your rights are.
    ===================================================
    If your question has been answered, mark the thread as [RESOLVED]

  13. #13
    Super Moderator si_the_geek's Avatar
    Join Date
    Jul 2002
    Location
    Bristol, UK
    Posts
    41,974

    Re: any solution please

    Quote Originally Posted by vb_fish
    20% was developed on company hardware and time.
    In that case (depending on the law in your area) the chances are that at least 20% (perhaps even 100%) of the code belongs to the company.

    I can't comment about other places, but according to English law, the company owns whatever you do in 'their' time - and unless you can prove that you did work on it in your own time, they can claim ownership of it all (which you could take to court, but that isn't a good move!).

    In my opinion, the best thing to do would be to tell your boss how much of your own time you have spent on it, and ask for a reasonable amount of pay for that time.

  14. #14
    Fanatic Member Slaine's Avatar
    Join Date
    Jul 2002
    Posts
    641

    Re: any solution please

    Simply add some fake copyrights to the tope of your code - insert something like:

    (c) 2007 Microsoft Corporation - any use elsewhere is a direct violation of law.

    You know the kind of stuff I mean - it's a bit underhand, but tell him you copied it from Microsoft, and let's see if he has the balls to take them on.

    Martin J Wallace (Slaine)

  15. #15
    I'm about to be a PowerPoster! mendhak's Avatar
    Join Date
    Feb 2002
    Location
    Ulaan Baator GooGoo: Frog
    Posts
    38,170

    Re: any solution please

    You did part of it on company time. It's theirs. I suppose the best you can do is go along with it.

    Why does your boss know about this program? Why did you work on it on company time when it wasn't in your job profile?

    Don't:

    something like some hidden code which makes the program go bad after some date or anything like that.
    That's just unethical.

  16. #16

    Thread Starter
    New Member
    Join Date
    Apr 2007
    Posts
    9

    Re: any solution please

    i work for a school and most of it was done at home and the rest was done in my so called free periods.i did it as a service to the school and to help in daily administration not so that someone could sell it somewhere and earn money out of it.i did it for my organisation and not to benefit an individual.if the organisation wants it i would part with it but not for my boss.
    as for the job contract, i need to stay employed till at last september or i get into trouble.the job contract is not related to this software.they are two different issues.i mentioned the job contract because i have to stay in this employment for some time and cannot say that i will not give the source code.

  17. #17
    I'm about to be a PowerPoster! Hack's Avatar
    Join Date
    Aug 2001
    Location
    Searching for mendhak
    Posts
    58,333

    Re: any solution please

    Quote Originally Posted by mendhak
    You did part of it on company time. It's theirs. I suppose the best you can do is go along with it.

    Why does your boss know about this program? Why did you work on it on company time when it wasn't in your job profile?

    Don't:

    something like some hidden code which makes the program go bad after some date or anything like that.
    That's just unethical.
    I totally agree...it is unethical and not a way to start your professional career.

    Consider this a lesson learned.

  18. #18

    Thread Starter
    New Member
    Join Date
    Apr 2007
    Posts
    9

    Re: any solution please

    ok. can i just copyprotect the source code.put it on a cd make it read only and copy protect it.
    so that i can stop it from being sold as it is.let the person at least make some effort in making money out of it.
    as per the program for the company, that will run as it is.i never intended to stop it from running or preventing my organisation and all its branches from using it.
    will that help in some way.if yes tell how to do that
    thanks all

  19. #19
    I'm about to be a PowerPoster! Hack's Avatar
    Join Date
    Aug 2001
    Location
    Searching for mendhak
    Posts
    58,333

    Re: any solution please

    From what you have been saying, anything you do along these lines has the potential of putting your contract at risk.

  20. #20
    I wonder how many charact
    Join Date
    Feb 2001
    Location
    Savage, MN, USA
    Posts
    3,704

    Re: any solution please

    I'm sure your boss is just covering his own bases. I very much doubt he will attempt to market and sell the software - its not at all an easy thing to do - especially if you're not in the routine business of marketing and selling software.

    More than likely, he wants rights to the source code so you can't turn around later and sue them for using it.

    IF the software has NOTHING to do with your original job contract , you should politely point that out, and state you will be willingly to sell the program and the source for a mere xxxx number of dollars.

    Alternatively, you can (falsely) state that part of the source was granted on license from another developer, and that you cannot grant a full license or rights to the code since you are not the proprietary owner of it - and the other developer is not willing to grant a license for resale.
    Last edited by nemaroller; May 1st, 2007 at 10:48 AM.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  



Click Here to Expand Forum to Full Width