Originally Posted by Matt 26z

If the client comes up with the new and unique ideas behind the script, then the programmer has claim to only the code itself. That is, how the concept was implemented in general, the design... but not what the script actually does. The programmer may not be able to resell it to other clients.

Here is a similar real world analogy.

Let's say I come up with a new invention on paper, but I am totally clueless on how to build it. We'll say it's the first ever lampshade. So I walk into a factory and say, "My concept is to wrap some form of material around a lightbulb that attaches to the lamp with wire, make it happen." They design it's specific look and decide what materials to use.

Can they patent my idea just because they were the first ones to implement it into a working model? Absolutely not. Without a prior agreement, does that mean I can take their design and mass produce my idea in their form? Again, no.

There is only one concept, but there could be 10,000 different designs. So what we've got here is a script (one design) that the programmer owns, but he can't sell again because the client owns the concept. On the other hand if the client also wanted to resell the script (or make it freeware), he would need to have the programmer sign off all rights to his design of the concept (the code in this case).

The client could get a patent on his idea and then sue the programmer for resale profits he is making off it. I don't know if a patent is even needed. Maybe someone here knows for sure.