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brassmonkey 11-18-2009 12:10 PM

Gfy member
 
ok this is total bullshit! i paid a gfy member 2 make me a small script so i decide 2 sale a few copies and he tells me i cant he owns the script wtf :helpme i think its shady ill tell u his name later i want to know what u think. :helpme

Carmine Raguso 11-18-2009 12:14 PM

http://img2.pict.com/05/a6/79/2010054/0/waiting.jpg

AaronM 11-18-2009 12:14 PM

Quote:

Originally Posted by brassmonkey (Post 16564182)
ok this is total bullshit! i paid a gfy member 2 make me a small script so i decide 2 sale a few copies and he tells me i cant he owns the script wtf :helpme i think its shady ill tell u his name later i want to know what u think. :helpme

Lets see the agreement you had in place.

Lace 11-18-2009 12:15 PM

Contracts

and did you two discuss this before the project was started?

brassmonkey 11-18-2009 12:16 PM

well its my idea why should he have right 2 my idea he added a disclaimer he snuck in there i didnt see it till after i paid

XD2 11-18-2009 12:34 PM

When I do custom coding for people it is normally something I discuss before I start. A small piece of code wouldn't matter to me in the slightest. But any sort of full script I would prefer to know the intention.

But if it was your idea and it was written specifically for you (and not a copied script) then I would say you haven't done anything wrong other then not discussed it first.

brassmonkey 11-18-2009 12:37 PM

Quote:

Originally Posted by XD2 (Post 16564267)
When I do custom coding for people it is normally something I discuss before I start. A small piece of code wouldn't matter to me in the slightest. But any sort of full script I would prefer to know the intention.

But if it was your idea and it was written specifically for you (and not a copied script) then I would say you haven't done anything wrong other then not discussed it first.

why would i have 2 tell you what im doing with it so you can bump up the price :Oh crap

Juicy D. Links 11-18-2009 12:41 PM

it all depends on who has the bigger penis

DanielS 11-18-2009 12:42 PM

You should ask for full rights over the script just before paying for it :)

Matyko 11-18-2009 12:46 PM

Quote:

Originally Posted by Juicy D. Links (Post 16564290)
it all depends on who has the bigger penis

+1 :2 cents:

An alternative way is who can make the better cockshoe photo.

brassmonkey 11-18-2009 12:47 PM

well its not a big deal i just wont do business with them again

Jimmy Rock 11-18-2009 12:47 PM

you should use it fully, it's yours, your idea, you paid for it. done!

XD2 11-18-2009 12:49 PM

Quote:

Originally Posted by brassmonkey (Post 16564276)
why would i have 2 tell you what im doing with it so you can bump up the price :Oh crap

Sometimes I use php classes I wrote myself to acheive someones desired effect so why should I let that person resell it without consulting me.

I did mention this only applies to larger scripts and systems, small scripts don't really concern me. But I always ask for the above reason. If someone needs a script that will do a job and it is for their use and I have code already that can do it I can/will code for a much lower price.

However if someone wants a script that is exclusive to them and they hold the rights and can do what they want with it, then yeah I will be charging slightly more to cover my time.

It works the other way aswell, I have done many scripts for a fraction of the price if the person was happy for me to resell it or use it as part of another system. I am not just expecting my client to tell me their intentions, I state mine aswell. I just find it better to know whats happening from the start.

Anyway this is only my opinion.

Loch 11-18-2009 12:59 PM

Its shady at best, he does have the right to do it but quite frankly i would out him as stuff like that has NO place in professional busienss.

All he is doing is trying to get rights to the idea and make more money from it!

brassmonkey 11-18-2009 01:07 PM

well he said he owns the script

katharos 11-18-2009 01:27 PM

yeah, if you told the programmer what to do and paid for it, its fully yours. if it will be idea of the programmer and you only bought the script, its his. nothing more to talk about

cyco_cc 11-18-2009 01:30 PM

Quote:

Originally Posted by XD2 (Post 16564322)
Sometimes I use php classes I wrote myself to acheive someones desired effect so why should I let that person resell it without consulting me.

I did mention this only applies to larger scripts and systems, small scripts don't really concern me. But I always ask for the above reason. If someone needs a script that will do a job and it is for their use and I have code already that can do it I can/will code for a much lower price.

However if someone wants a script that is exclusive to them and they hold the rights and can do what they want with it, then yeah I will be charging slightly more to cover my time.

It works the other way aswell, I have done many scripts for a fraction of the price if the person was happy for me to resell it or use it as part of another system. I am not just expecting my client to tell me their intentions, I state mine aswell. I just find it better to know whats happening from the start.

Anyway this is only my opinion.

And your opinion is absolutely correct and fair. It all comes down to the license agreement. If there is none, I'd tend to side with the person paying for it to do whatever he wants with it. However, I have a feeling that brassmonkey's situation is similar to what you bring up above. That is, the contractor had a majority of the work done in a personal library to achieve the implementation and therefore was able to do it cheaper as a per license script. The fault lands on the developer if he did not properly specify the intended use of the script and also, if he was so serious about owning the rights to the script, there should be some sort of licensing mechanism built in. If there were, it would be obvious that the script was intended for one site and not to be resold--because it would be impossible.

So my :2 cents: , without knowing more, I'd side with BrassMonkey but I think there's a lesson to be learned by inexperienced IC to properly state how they intend their software to be used before agreeing to a project.

brassmonkey 11-18-2009 01:37 PM

Quote:

Originally Posted by cyco_cc (Post 16564485)
And your opinion is absolutely correct and fair. It all comes down to the license agreement. If there is none, I'd tend to side with the person paying for it to do whatever he wants with it. However, I have a feeling that brassmonkey's situation is similar to what you bring up above. That is, the contractor had a majority of the work done in a personal library to achieve the implementation and therefore was able to do it cheaper as a per license script. The fault lands on the developer if he did not properly specify the intended use of the script and also, if he was so serious about owning the rights to the script, there should be some sort of licensing mechanism built in. If there were, it would be obvious that the script was intended for one site and not to be resold--because it would be impossible.

So my :2 cents: , without knowing more, I'd side with BrassMonkey but I think there's a lesson to be learned by inexperienced IC to properly state how they intend their software to be used before agreeing to a project.

programmers taking ownership 2 something that they didnt have b4 i ordered it is shady

cyco_cc 11-18-2009 01:54 PM

Quote:

Originally Posted by brassmonkey (Post 16564516)
programmers taking ownership 2 something that they didnt have b4 i ordered it is shady

If that's 100% the case it's worse than shady, it's just wrong and you should never work with them again (which you already stated you wouldn't ;)

GatorB 11-18-2009 02:00 PM

Quote:

Originally Posted by brassmonkey (Post 16564516)
programmers taking ownership 2 something that they didnt have b4 i ordered it is shady

Playing devil's advocate, but if you ask me to wrote you a song I by law still own the rights to that music unless it's otherwise specified in the contract. Is there a legal difference between writting a song and writting a programming script?

XD2 11-18-2009 02:04 PM

Presuming the design website in your sig is your own, your terms and conditions read:
Quote:

Modifications
The Client is authorized to make any necessary modification(s) to Adult Design Evolution's products to fit his purposes only after full payment of the services.
You may not place any of Adult Design Evolution's products, modified or unmodified and offer them for redistribution or resale of any kind without prior written consent from Adult Design Evolution.
So you expect your clients to seek written permission for resale of a product you didn't have before they ordered. So how can you say I shouldn't be able to ask what my clients intentions are for my scripts?

p.s. I was looking at the website because I want a designer for something :)

brassmonkey 11-18-2009 02:17 PM

Quote:

Originally Posted by XD2 (Post 16564649)
Presuming the design website in your sig is your own, your terms and conditions read:


So you expect your clients to seek written permission for resale of a product you didn't have before they ordered. So how can you say I shouldn't be able to ask what my clients intentions are for my scripts?

p.s. I was looking at the website because I want a designer for something :)

i dont make the rules at Adult Design Evolution iam not the owner order away:) anyway

JD 11-18-2009 02:23 PM

it's sticky situation for sure but I can see where the coder is coming from.

XD2 11-18-2009 02:25 PM

:) I have no problem with the condition, just pointing it out as it was relevant to your reply to my post.

Anyway, I honestly do hope your despute is resolved.

Robocrop 11-18-2009 02:28 PM

Just out him, I would never work with such a person.

brassmonkey 11-18-2009 02:45 PM

Quote:

Originally Posted by JD (Post 16564712)
it's sticky situation for sure but I can see where the coder is coming from.

and where is that keep ownership maybe i can sell the idea? :Oh crap i have bigger stuff im glad i didn't reveal i was close ill get a company to do it and future scripts lesson learned

Quote:

Originally Posted by Robocrop (Post 16564730)
Just out him, I would never work with such a person.

Homer Simpson ( this is my view has nothing to do with his skills. I dont like his way of handling a script i payed for)

sortie 11-18-2009 02:50 PM

LOL!

Thanks for reminding me why writing code for an adult webmaster is the biggest
waste on the planet.

brassmonkey 11-18-2009 02:54 PM

Quote:

Originally Posted by sortie (Post 16564807)
LOL!

Thanks for reminding me why writing code for an adult webmaster is the biggest
waste on the planet.

what the hell are you saying your not really saying what u mean a waste how :helpme

sortie 11-18-2009 03:16 PM

Quote:

Originally Posted by brassmonkey (Post 16564822)
what the hell are you saying your not really saying what u mean a waste how :helpme

It's a well known fact that you need to discuss any resell rights about code that you
order from the programmer.

Programmers may do $3000 worth of work on your $300 job because he believes he
can re-use the code for other jobs. But if you are giving/seling the code then
where are his clients coming from.

You are fucking yourself but you don't realize it.
No decent programmer is going to code for you after this post.

If the code you have turns out to have a bug in it then you probably will not
getting any help from your programmer after trying to fuck him by reselling
his code as if it was your product.

Call Microsoft and ask them to code a special driver for a device you have then
try and resell it because "it was your idea".


Ideas are not copyrightable dude!
Only the actual representation of the idea is copyrightable.
The programmer copyrights the code, you have nothing but an idea.
Ideas don't make money; the implementation of the idea makes the money.

In other words; your idea was a useless piece of mental dribble until you used someone
else's brains and skills to implement it. Then you failed to establish a contact to
get the rights for the implementation.


Try thinking of this another way.

Example :

Instead of a website, you own a radio station.
Madonna writes and sings a short jingle for your station for $xxxx.
You now decide to use a sound editor and cut out your radio station call letters and
insert other stations call letters and sell the jingle to other radio stations and not
pay Madonna.

Do you really think something like that would fly?

That's what you are trying to do with the programmers code.

Barefootsies 11-18-2009 03:17 PM

Interesting.

Unless they are building the script from scratch, AND, you have a non-compete or an agreement that you are the sole owner (typically costs more) and that you can resell it, what the programmer is saying would be correct.

I come up with ideas all the time, but a lot of times a coder has a back bone piece of code they are building things on. So they will not agree to signing off to some exclusive, one time, deal.... much less a resell or re-licensing without a higher price tag.

It is not saying that it is not possible to get one. However with the different things I have done. Even when my idea, and they have nothing close, few will sign off to the exclusive type thing. UNLESS you get the coder from a lancer, rent a coder where they MUST sign off.

Even then, if overseas, I doubt they honor the agreement.

brassmonkey 11-18-2009 03:19 PM

Quote:

Originally Posted by sortie (Post 16564920)
It's a well known fact that you need to discuss any resell rights about code that you
order from the programmer.

Programmers may do $3000 worth of work on your $300 job because he believes he
can re-use the code for other jobs. But if you are giving/seling the code then
where are his clients coming from.

You are fucking yourself but you don't realize it.
No decent programmer is going to code for you after this post.

If the code you have turns out to have a bug in it then you probably will not
getting any help from your programmer after trying to fuck him by reselling
his code as if it was your product.

Call Microsoft and ask them to code a special driver for a device you have then
try and resell it because "it was your idea".


Ideas are not copyrightable dude!
Only the actual representation of the idea is copyrightable.
The programmer copyrights the code, you have nothing but an idea.
Ideas don't make money; the implementation of the idea makes the money.

In other words; your idea was a useless piece of mental dribble until you used someone
else's brains and skills to implement it. Then you failed to establish a contact to
get the rights for the implementation.


Try thinking of this another way.

Example :

Instead of a website, you own a radio station.
Madonna writes and sings a short jingle for your station for $xxxx.
You now decide to use a sound editor and cut out your radio station call letters and
insert other stations call letters and sell the jingle to other radio stations and not
pay Madonna.

Do you really think something like that would fly?

That's what you are trying to do with the programmers code.

"Ideas are not copyrightable dude!"
thats a damn lie :1orglaugh

brassmonkey 11-18-2009 03:22 PM

Quote:

Originally Posted by pornopete (Post 16564922)
Let me give one more example. I buy a content set from a producer, should I have the rights to resell that content set since I paid for it?

Heck I even asked for the girl to pose a specific way! It was my idea to get her to hang from the chandaller and get the action shots of her doing the triple lindy.

whatever dude as far as i know he did it from scratch thats what i wanted

brassmonkey 11-18-2009 03:25 PM

Quote:

Originally Posted by pornopete (Post 16564952)
Ummmmm, do you know that to be false? Who owns the copyright on the flying car? I'm sure somebody thought of it.

i have 2 ideas in the patent office hopefully in a store near u in 2010 :pimp

brassmonkey 11-18-2009 03:36 PM

Quote:

Originally Posted by pornopete (Post 16564982)
Is one of them a flying car?

I'm patenting masturbation. You own me royalties!

well do your homework on the process :Oh crap read the book don't beat it over your head :helpme :1orglaugh

Ace_luffy 11-18-2009 03:39 PM

mm.. so think again , to make clear, before you do, discuss the agreement

u-Bob 11-18-2009 03:39 PM

good contracts make good............

sortie 11-18-2009 03:40 PM

Quote:

Originally Posted by pornopete (Post 16564894)
:2 cents:

Exactly, the artist has the rights, not the music studio that contracted the artist to write the music.


The artist retains all rights unless it is explicitly defined (either by contact or
obvious circumstances) that the writing of the song is a "work for hire".

In other words : If it is established that the song writer/programmer is directly employed
as a employee for the creation of the work then the employee does not have certain
rights to the work.

Paying someone to "do a job" is not the same thing as them being an employee.
If it were, then I would simply file unemployment claims against everyone I
ever programmed for.

Nobody wants that.

sortie 11-18-2009 03:50 PM

Quote:

Originally Posted by brassmonkey (Post 16564943)
"Ideas are not copyrightable dude!"
thats a damn lie :1orglaugh

You're a damned idiot :1orglaugh

http://en.wikipedia.org/wiki/Copyright

Quote:

Originally Posted by wikipedia
Copyright does not cover ideas and information themselves, only the form or manner in which they are expressed. For example, the copyright to a Mickey Mouse cartoon restricts others from making copies of the cartoon or creating derivative works based on Disney's particular anthropomorphic mouse, but it does not prohibit the creation of other works about anthropomorphic mice in general, so long as they're not copies or adaptations of Disney's mouse. In many jurisdictions, copyright law makes exceptions to these restrictions when the work is copied for the purpose of commentary or other related uses (See Fair Use, Fair Dealing). However, other laws ? such as trademark and patent law ? may impose additional restrictions that copyright does not.

Like I said earlier, a total waste to even try to work with an adult webmaster.

Adult webmaster = "business person who does no research except how to
get the next slut on camera". Then bitches about obeying the law they never read.

brassmonkey 11-18-2009 03:53 PM

Quote:

Originally Posted by sortie (Post 16565056)
You're a damned idiot :1orglaugh

http://en.wikipedia.org/wiki/Copyright



Like I said earlier, a total waste to even try to work with an adult webmaster.

Adult webmaster = "business person who does no research except how to
get the next slut on camera". Then bitches about obeying the law they never read.

Count down to my exit from adult. 3 months to go. bye playa :) its just a small script quoting wikipedia funny shit

sortie 11-18-2009 04:12 PM

Quote:

Originally Posted by brassmonkey (Post 16565064)
Count down to my exit from adult. 3 months to go. bye playa :) its just a small script quoting wikipedia funny shit

So it's a small script; so why all the fuss?

Don't like Wiki?

Try the US copyright office :

http://www.copyright.gov/help/faq/fa...l.html#protect

Says the same shit.

Like I said before : Total Waste.


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