What does a freelancing client pay for for an EA in exp format or for open source code? - page 11

 
Andrey Dik:
I mentioned this earlier and others have said - the contractor has the right to transfer his compiled libraries along with the sources of the order, the contractor must notify the client if his libraries are present in the project, otherwise he refuses to do the job.
If the customer agrees, then there can not be a dispute. However, the customer may agree due to ignorance. This is how it was with MT4 when after the next update the old compiled files would not work anymore. To this we can dig out a law, demanding to provide operability of software for 5 years (if the license doesn't specify otherwise). I wonder if the developer of the super-secret library knows about it and if he needs it.
 
Dmitry Fedoseev:
If the customer agrees, there can be no dispute. However, the customer may agree due to ignorance. As it was with MT4, the old compiled files stop working after some new update. To this we can dig out a law, demanding to provide operability of software for 5 years (if the license doesn't specify otherwise). I wonder if the developer of the super-secret library knows about it and if he needs it.

This is what causes the main problems and that is why customers who demand the source code are right, just like those who demand the blueprints of their homes and utilities from the builders.

The customer takes a risk by not asking for the source code. But it can be compensated with the price of the product. Therefore, a product with source code should a priori be more expensive.

By the way and the library can be put in the project and to stipulate that the customer would not distribute it.

In general, everything can be settled - you just need to negotiate.



 
Dmitry Fedoseev:
If the customer agrees, there can be no dispute. However, the customer may agree out of ignorance. This is what happened with MT4 when the old compiled files stop working after some new update. To this we can dig out a law, demanding to provide operability of software for 5 years (if the license doesn't specify otherwise). I wonder if the developer of the super-secret library knows about it and if he needs it.

Of course, the contractor is obliged to notify about the future availability of their pre-proprietary libraries in the project (it is common practice, many open-source projects have such closed libraries), and it is up to the customer to either agree or refuse.

Let's take the design bureau as an example. The customer gave the order to develop construction equipment, he receives the completed project in the form of drawings. But the project may contain a lot of "purchased" parts and elements which are the intellectual property of the design bureau and for which the drawings can not be provided for understandable reasons. The customer agrees - the work is done, if not - goodbye.

 
Dmitry Fedoseev:
For some reason, your contractor has an arbitration notice but does not say in whose favour the arbitration decision was made.
This means that they have reached an amicable agreement with the client
 
Andrey Dik:

1. Of course, the contractor is obliged to give notice of the future availability of their pre-proprietary libraries in the project (this is common practice, many open source projects have such closed libraries), and it's up to the client to either accept or decline.

2. Let's take the design bureau as an example. The customer gave the order to develop construction equipment, he receives the completed project in the form of drawings. But the project may contain a lot of "purchased" details and elements which are the intellectual property of the design bureau and for which the drawings can not be provided for obvious reasons. The customer agrees - the work is done, no - goodbye.

2. Yes. But some may misunderstand this here.
 
Dmitry Fedoseev:
1. It is obvious that the executor cannot be the owner.
It turns out it is not obvious to everyone...-)
 
Dmitry Fedoseev:
2. Yes. But some people here may misunderstand this.

Some cannot understand anything at all.

By the way, the design bureau is obliged to report on the priorette assemblies, and there is always in the documentation, and should always be, upon completion of the job, a list of purchased parts and BC parts (without drawings).

I have worked for many years in various companies both as a turner, designer and calculation engineer, head of the bureau, I know the subject well.

 
Yuriy Zaytsev:
it means that after the request they have reached an amicable agreement with the customer

I asked him to show me the lines where I snapped at him. He didn't say a word.

Freelance-Arbiter2016.08.15 17:06 DE

Customer, the provision of source code should have been stipulated in the TOR in advance. The developer has provided you with a finished solution as a compiled file.

If you have no objections to the functionality, we suggest you accept the work within 2 days. Otherwise the work will be completed involuntarily."This is the Arbitration response.

 
azfaraon:

I asked him to show me the lines where I snapped at him. He didn't say a word.

Freelance-Arbiter2016.08.15 17:06 DE

Customer, the provision of source code should have been stipulated in the TOR in advance. The developer has provided you with a finished solution as a compiled file.

If you have no objections to the functionality, we suggest you accept the work within 2 days. Otherwise the work will be completed involuntarily."This is the Arbitration response.

Refuse to accept the work completed. You will be charged a forfeit, but it is better than a closed project with no guarantee for the future.

For the future it is advisable to agree in writing on the required result of the contract. This is not a ToR, it is an agreement. In the contract you can additionally stipulate the rights to the product (this will help to avoid problems in the future in the legal aspect, gives you the right to sue the customer), these legal aspects are not considered in freelancing (as well as in the codebase, legal aspects are not stipulated, I raised earlier questions on this subject), you should think about it in advance.

 
azfaraon:

I asked him to show me the lines where I snapped at him. He didn't say a word.

Freelance-Arbiter2016.08.15 17:06 DE

Customer, the provision of source code should have been stipulated in the TOR in advance. The developer has provided you with a finished solution as a compiled file.

If you have no objections to the functionality, we suggest you accept the work within 2 days. Otherwise the work will be completed involuntarily."This is the Arbitration response.

It's a little bit of a different case. The development was not from scratch, you gave the source code for revision, and what did you get back? On the first page of the application it says "to complete". It does not say "compile".

The contractor is given the code, the task is "finalize", so you must get back the same code, but finalized.