The programmer gave me an order and then put it up for sale - page 6
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Actually it would be great if METAQUOTES could add the ability to distribute the sales revenue of a product between AUTHOR/AUTORS + programmer/programmers and all such problems would be easily solved by setting a percentage of the fee.
Shall we put the responsibility to distribute shares of %% of 40 quid between people who don't know each other and let the CA handle conflicts :-)
then we will never hear from sD :-)
PS/ if two people want to share responsibility and profit from joint activity - they either get married or create a ltd :-)
Sharing %% of 40 quid between people who don't know each other and get rid of conflicts on BOD :-)
then we will never hear from sD :-)
PS/ if two people want to share responsibility and profit from joint activity - they either get married or form a ltd :-)
Getting married ? well, it's probably hard enough to offer such an option in SERVICE :-))) It is more productive to set up a limited company :-),
But with revenues from sales of 1k a year, the Ltd will not be able to exist.
Of course it is ridiculous to share $40 once a year.
In general, there is more of a moral issue here than a financial one.
Should we put the responsibility to distribute shares of %% of 40 quid between people who do not know each other well? And put the responsibility for resolving conflicts on DD :-)
then we will never hear from sD :-)
PS/ if two people want to share responsibility and profit from joint activity - they either get married or form a ltd :-)
When creating an order on a clear task, the programmer acts as a craftsman, the author of the idea is alone.
But if the programmer has some ideas and the author agrees with them, for example, the Expert Advisor works more effectively, etc., then there is an element of joint authorship. In such cases, probably both should understand and accept the possibility of selling by both sides. And of course, the programmer can build into the product the possibility of working only on the customer's account, then the customer has no opportunity to sell.
If the guy who sold BILL GATES the operating system on the basis of which BILL developed MS DOS and made billions, he would just ask for 1% - 5% of sales, it would be much nicer!
And the guy who wrote DOS is essentially a craftsman and an author.
The customer came up with something. It may not be the most original and effective, but it is the product of his intellectual activity.
He also turned to a programmer - for me, for my money, put my ideas into code.
programmer, completed the task, handed over the result, got paid. Some time later, the programmer starts selling the result on his own initiative. The conflict is evident, and there is a very severe violation at the level of disclosure of trade secrets.
It seems to have been settled already.
If the customer recognizes the product even after 2 years, it means that it was indeed something original, but why not patent it, as in the advanced West such problems are treated, it seems there is a better protection ...
Read the WIKI (Copyright):
Copyright in the objective sense is a civil law institute regulating the legal relations connected to the creation and usage (publication, performance, demonstration etc) of scientific, literary or artistic works, that is the objective results of people's creative activity in these fields. Computer programs and databases are also protected by copyright.
Mine: ideas are not protected by copyright, only software. Further from WIKI:
Personal non-proprietary copyright
Non-property rights (also referred to in the Berne Convention as <moral rights>) include:
?the right to be recognised as the author of a work (the right of authorship);
?the right to use or authorize the use of the work under the author's real name, pseudonym or anonymously (right of name);
?the right to disclose or authorize the disclosure of the work in any form (right of disclosure), including the right of revocation, the right to protect the work, including its title, against any distortion or other infringement capable of damaging the honour and dignity of the author (right to protect the author's reputation).
Non-property copyrights are valid indefinitely. In Russia they can only belong to a natural person and are inalienable, i.e. they cannot be transferred to another person.
End of quote.
But the rights: of use, possession and disposal, all together in the same hands, called property rights, are both proprietary and alienable, and not necessarily personal.
Read the WIKI (Copyright):
The copyright is in objective sense - the institute of civil law, governing the legal relations connected with the creation and usage (publication, performance, demonstration etc.) of works of science, literature or art, that is the objective results of the creative activity of people in these fields. Computer programs and databases are also protected by copyright.
Mine: ideas are not protected by copyright. You cannot take a patent on an idea. For an algorithm, you can. Further from the WIKI:
Personal non-proprietary copyright
Non-property rights (also referred to in the Berne Convention as <moral rights>) include:
?the right to be recognised as the author of a work (the right of authorship);
?the right to use or authorize the use of the work under the author's real name, pseudonym or anonymously (right of name);
?the right to disclose or authorize the disclosure of the work in any form (right of disclosure), including the right of revocation, the right to protect the work, including its title, against any distortion or other infringement capable of damaging the honour and dignity of the author (right to protect the author's reputation).
Non-property copyrights are effective indefinitely. In Russia they can belong only to a natural person and are inalienable, i.e. they cannot be transferred to another person.
End of quote.
But the rights: of use, possession and disposal, all together in the same hands, called property rights, are both proprietary and alienable, and not necessarily personal.
It's a tricky subject!
To the inventor of the wheel and his relatives, guess how much dough should come!
And to the inventor of the wheel ? all the money in the world
--
The author of the algorithm, should pay off whoever taught him to read and write.
If he can't read and write, he can't formulate the algorithm!
It is a complicated subject!
To the inventor of the wheel and his relatives, just think how much money should come in!
And the inventor of the wheel? All the money in the world.
--
The author of the algorithm, should pay off whoever taught him to read and write.
If he does not know how to write and read, he cannot formulate the algorithm!
Non-property, moral right - get it. And the fact that the subject is complicated, that's for sure.
Incidentally, a patent was taken out on the threaded connection, I believe, in France. However, mankind spat on this proprietary right of the right holder, so simple and necessary was this thing useful to everyone.
When creating an order based on a clear task, the programmer acts as a craftsman, the author of the idea is alone.
But if the programmer contributes some of his ideas, and the author agrees with them, for example, the advisor works more efficiently, etc., then there is an element of joint authorship. In such cases, perhaps, both must understand and accept the possibility of selling by both parties. And of course, the programmer can build into the product the possibility of working only on the customer's account, and then the customer has no opportunity to sell.
.... Then there are adjustments to the job, with changes in prices and conditions... :-) Although it is not applicable to the tasks of the freelance framework simply by its scale.
And of course, the programmer has no right to make bookmarks restricting the customer. On completion the code is passed without any bullshit, in between the demos/betas can contain time constraints, but you should also warn about that, just decently.
Bookmarks in general behind any facets.
PS/ Only the one who paid the money has the right to sell, the one who hired. This is the basis of the market.
Even being a programmer and being on the other side of the barricades :-)
A non-property, moral right - get it right. And the subject matter is complicated, that's for sure.
By the way, the thread connection was patented, I think, in France. However, mankind did not give a damn about this proprietary right of the right holder, so simple and useful was it for everyone.
Well that's what I'm saying, everyone puts a screw loose on this patent!
The inventor of the WHEEL could have patented it too - but everyone will just brazenly spit it out!
All these conventions are made up by people.
p.s.
Bill GEITZ just bought the prototype of the future MS DOS for $50,000 and the guy who sold it, didn't see the possibilities.
I'm pretty sure BILL said in the contract that the guy won't have any rights.