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  3. What if working as a freelancer needs you to hand out personal copyrighted dlls?

What if working as a freelancer needs you to hand out personal copyrighted dlls?

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  • A Albert Holguin

    I'm on the opposite side of things... I occasionally hire contractors if there's too much work for the in-house engineers and developers to finish in a timely manner. From that end, it would royally piss me off not to be able to continue to support any code that was developed by a contractor. You can bet I would never hire (or recommend) them again (may even follow up legally if deemed necessary). On the other hand... if I'm happy with the work and performance of a person. I'll continue to send work their way when possible. So... happy customer is a good customer. :)

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    PIEBALDconsult
    wrote on last edited by
    #21

    I think perhaps you misunderstood me -- the client gets all the source.

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    • A Albert Holguin

      It's source required to produce the product you made for them... it's part of the project. Like I said, this should have been cleared up before-hand. If they hire you to make a product, then saying "I made the product, but you don't have access to 30% of the source because it's in my personal libraries" is not really acceptable, or wouldn't be for me... as a project manager. Then again, our contracts explicitly spell out that all work made is company property.

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      PIEBALDconsult
      wrote on last edited by
      #22

      Albert Holguin wrote:

      source required to produce the product you made for them... it's part of the project

      Exactly. :thumbsup: Bits that aren't used for the product shouldn't be on the system at all. And if there's code you wrote that you don't want them to have, don't use it in the product.

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      • P PIEBALDconsult

        I disagree.

        Alberto Bar-Noy wrote:

        your source code is money

        Software is meant to be free.

        Alberto Bar-Noy wrote:

        why would the client want the source code?

        Partly to see what kind of quality it has. If you're reluctant to show your code, it's probably horrible.

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        Jimmi Galagher
        wrote on last edited by
        #23

        I couldn't disagree more.. I get paid for my expertise. Over the years I have created a codebase - personal framework - that gives me the ability to finish projects that would take 1 month in less that a week. That is not to be shared, it would be like hiring an inexperienced emploee for a job and he would be using a guru doing his work free of charge. Nothing is meant to be free, otherwise people would pay for it... If we want to hand out code out of generosity, that does not in anyway mean that code or software should bre free... :laugh: Let's not start trolling with each other and continue our conversation with examples and point of views.

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        • A Albert Holguin

          It's source required to produce the product you made for them... it's part of the project. Like I said, this should have been cleared up before-hand. If they hire you to make a product, then saying "I made the product, but you don't have access to 30% of the source because it's in my personal libraries" is not really acceptable, or wouldn't be for me... as a project manager. Then again, our contracts explicitly spell out that all work made is company property.

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          Jimmi Galagher
          wrote on last edited by
          #24

          I see now that you don't really grasp the idea. Code would still be reused, developed etc. Do you have the code in mscorelib.dll of visual studio? You use it.

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          • J Jimmi Galagher

            I see now that you don't really grasp the idea. Code would still be reused, developed etc. Do you have the code in mscorelib.dll of visual studio? You use it.

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            Albert Holguin
            wrote on last edited by
            #25

            I see that you're just trying to justify your actions... when you use mscorelib.dll, you know up-front that you don't have access to the source. Did you tell them up-front? That's what I explained earlier to you.

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            • P PIEBALDconsult

              I think perhaps you misunderstood me -- the client gets all the source.

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              Albert Holguin
              wrote on last edited by
              #26

              No, no... we're on the same page... meant on the other-side of the contractor/client relationship. :)

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              • B BillWoodruff

                Antoniades Nektarios wrote:

                And the client did not even honour the payment as initially agreed.

                imho this puts the whole situation in a very different "light." The question that becomes essential to answer is then: did the client not pay you a promised initial amount before these issues arose around source code ? If the client is in "default" on an initial promised payment made before any disputes, then you owe the client nothing, imho. I believe, at least in America, you'd have the right to sue for that promised payment: whether it would be worth the time and expense of suing, of course, is another issue. However, if the client is now in possession of some of your valuable work, and can use it, and has not yet paid you for it: then, imho, you are: "over a barrell." And, then again, if the client cannot fully get value from what they may have now, without your further co-operation: then you, as well, have "leverage" in this situation. The only idea I can think of is to propose a "cooling off period" ... if the dispute is getting nasty ... and also propose negotiating a settlement using 3rd. party arbitration: there are lawyers who specialize in such. good luck, in any case, Bill

                "It is the mark of an educated mind to be able to entertain a thought without accepting it." Aristotle

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                Alberto Bar Noy
                wrote on last edited by
                #27

                I am afraid that in his hole in the world if it is not written it did not exist. Verbal contracts are non-significant and lawyers would have him pay his revenues of the next 10 years to take it to court...

                Alberto Bar-Noy --------------- “The city’s central computer told you? R2D2, you know better than to trust a strange computer!” (C3PO)

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                • A Albert Holguin

                  I see that you're just trying to justify your actions... when you use mscorelib.dll, you know up-front that you don't have access to the source. Did you tell them up-front? That's what I explained earlier to you.

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                  Alberto Bar Noy
                  wrote on last edited by
                  #28

                  Which brings us all back to the point where... they have nothing written down. It is verbal. Hence a mess.

                  Alberto Bar-Noy --------------- “The city’s central computer told you? R2D2, you know better than to trust a strange computer!” (C3PO)

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                  • A Alberto Bar Noy

                    Which brings us all back to the point where... they have nothing written down. It is verbal. Hence a mess.

                    Alberto Bar-Noy --------------- “The city’s central computer told you? R2D2, you know better than to trust a strange computer!” (C3PO)

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                    Albert Holguin
                    wrote on last edited by
                    #29

                    It is a mess... :doh:

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                    • A Alberto Bar Noy

                      Which brings us all back to the point where... they have nothing written down. It is verbal. Hence a mess.

                      Alberto Bar-Noy --------------- “The city’s central computer told you? R2D2, you know better than to trust a strange computer!” (C3PO)

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                      Jimmi Galagher
                      wrote on last edited by
                      #30

                      Exactly. And that covers it all. Nothing "should" be given, and foremore nothing different is given that what was asked. Everything asked is and should be priced and written down and that's that. Which is exactly the point of the discussion. And to answer to previous post to Albert Holguin, nor I am "justifying" anything or need to. I handed out all asked and didn't even got paid what agreed. I think he is a bit pre-occupied since being on the "other side" :).

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                      • J Jimmi Galagher

                        Exactly. And that covers it all. Nothing "should" be given, and foremore nothing different is given that what was asked. Everything asked is and should be priced and written down and that's that. Which is exactly the point of the discussion. And to answer to previous post to Albert Holguin, nor I am "justifying" anything or need to. I handed out all asked and didn't even got paid what agreed. I think he is a bit pre-occupied since being on the "other side" :).

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                        Albert Holguin
                        wrote on last edited by
                        #31

                        I venture to say that you may not have been paid for not providing what they expected. In any case, you asked for our opinion and you got it.

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                        • J Jimmi Galagher

                          I couldn't disagree more.. I get paid for my expertise. Over the years I have created a codebase - personal framework - that gives me the ability to finish projects that would take 1 month in less that a week. That is not to be shared, it would be like hiring an inexperienced emploee for a job and he would be using a guru doing his work free of charge. Nothing is meant to be free, otherwise people would pay for it... If we want to hand out code out of generosity, that does not in anyway mean that code or software should bre free... :laugh: Let's not start trolling with each other and continue our conversation with examples and point of views.

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                          Albert Holguin
                          wrote on last edited by
                          #32

                          Antoniades Nektarios wrote:

                          Let's not start trolling with each other and continue our conversation with examples and point of views.

                          You asked for our point of view... I would hardly call it trolling to express it.

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                          • A Albert Holguin

                            I venture to say that you may not have been paid for not providing what they expected. In any case, you asked for our opinion and you got it.

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                            Jimmi Galagher
                            wrote on last edited by
                            #33

                            No, in no case. I got paid less than agreed after providing all expected. The case with the code became afterwards. I allready described the case in the beginning. For another time, after not getting what expected in payment I would only give code after payment. You keep showing that you are preoccupied... From my side, even though this is a discussion originating to developers I do honour and want to hear clearly from all sides. The facts are: 1.Code should be given to clients. No question about that. 2.Clients hire experienced developers coming with frameworks that can finish work in more professional way and in far less time that rewritting from scratch or cleaning down. 3.In case a professional has a framework it should be stated that it is going to be used and no code inner source should be given unless otherwise stated, in which case as all outsourcing companies do, the source is extra money. And non related to work but very important: 4.When nothing is written nothing is expected, unfortunatelly either from payment or from work.

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                            • J Jimmi Galagher

                              No, in no case. I got paid less than agreed after providing all expected. The case with the code became afterwards. I allready described the case in the beginning. For another time, after not getting what expected in payment I would only give code after payment. You keep showing that you are preoccupied... From my side, even though this is a discussion originating to developers I do honour and want to hear clearly from all sides. The facts are: 1.Code should be given to clients. No question about that. 2.Clients hire experienced developers coming with frameworks that can finish work in more professional way and in far less time that rewritting from scratch or cleaning down. 3.In case a professional has a framework it should be stated that it is going to be used and no code inner source should be given unless otherwise stated, in which case as all outsourcing companies do, the source is extra money. And non related to work but very important: 4.When nothing is written nothing is expected, unfortunatelly either from payment or from work.

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                              Jimmi Galagher
                              wrote on last edited by
                              #34

                              And I have too worked as a Project Manager and Team Leader, and absolutely know the risks and hazards from that side.

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                              • J Jimmi Galagher

                                No, in no case. I got paid less than agreed after providing all expected. The case with the code became afterwards. I allready described the case in the beginning. For another time, after not getting what expected in payment I would only give code after payment. You keep showing that you are preoccupied... From my side, even though this is a discussion originating to developers I do honour and want to hear clearly from all sides. The facts are: 1.Code should be given to clients. No question about that. 2.Clients hire experienced developers coming with frameworks that can finish work in more professional way and in far less time that rewritting from scratch or cleaning down. 3.In case a professional has a framework it should be stated that it is going to be used and no code inner source should be given unless otherwise stated, in which case as all outsourcing companies do, the source is extra money. And non related to work but very important: 4.When nothing is written nothing is expected, unfortunatelly either from payment or from work.

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                                Albert Holguin
                                wrote on last edited by
                                #35

                                I am a developer... I'm not a contractor...

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                                • A Albert Holguin

                                  I am a developer... I'm not a contractor...

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                                  Jimmi Galagher
                                  wrote on last edited by
                                  #36

                                  A few messages above you addressed yourself as a project manager. No reason to point accusations about my work, in any case, though. I know what I handed out, I never even give only what expected but more as a token of good faith and because I am 10 years in the business and having a good name is vital. So again, all requested was handed, tested, approved, welcomed and appreciated. Payment after that was less than agreed and was justified as the "current situation" that exists in Europe at the time, in no way -not even as an excuse- there was any notion about my work being not acceptable or less than requested in any way. Client then asks for everything from code, without payment. In no project and no country that is correct.

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                                  • J Jimmi Galagher

                                    A few messages above you addressed yourself as a project manager. No reason to point accusations about my work, in any case, though. I know what I handed out, I never even give only what expected but more as a token of good faith and because I am 10 years in the business and having a good name is vital. So again, all requested was handed, tested, approved, welcomed and appreciated. Payment after that was less than agreed and was justified as the "current situation" that exists in Europe at the time, in no way -not even as an excuse- there was any notion about my work being not acceptable or less than requested in any way. Client then asks for everything from code, without payment. In no project and no country that is correct.

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                                    Albert Holguin
                                    wrote on last edited by
                                    #37

                                    Antoniades Nektarios wrote:

                                    A few messages above you addressed yourself as a project manager.

                                    Most senior level engineers/developers play multiple roles.

                                    Antoniades Nektarios wrote:

                                    Client then asks for everything from code, without payment. In no project and no country that is correct.

                                    That would be an issue, I agree.

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                                    • A Albert Holguin

                                      Antoniades Nektarios wrote:

                                      Let's not start trolling with each other and continue our conversation with examples and point of views.

                                      You asked for our point of view... I would hardly call it trolling to express it.

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                                      Jimmi Galagher
                                      wrote on last edited by
                                      #38

                                      Expressing that software and code should be free is not trolling? I should not even respond to that. And will not to any more that are useless to the thread started.

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                                      • A Albert Holguin

                                        Antoniades Nektarios wrote:

                                        A few messages above you addressed yourself as a project manager.

                                        Most senior level engineers/developers play multiple roles.

                                        Antoniades Nektarios wrote:

                                        Client then asks for everything from code, without payment. In no project and no country that is correct.

                                        That would be an issue, I agree.

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                                        Jimmi Galagher
                                        wrote on last edited by
                                        #39

                                        Then you know how things are with outsourcing projects and their source code. Very different. "That would be an issue, I agree." That is our issue in the first place...

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                                        • J Jimmi Galagher

                                          Expressing that software and code should be free is not trolling? I should not even respond to that. And will not to any more that are useless to the thread started.

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                                          Albert Holguin
                                          wrote on last edited by
                                          #40

                                          Antoniades Nektarios wrote:

                                          Expressing that software and code should be free is not trolling?

                                          If that's how he feels.. then why would that be trolling? You must not be a Linux user.

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