Forums: Discussions for entrepreneurs and small business.

I might disagree here. To me, the concept is the same as hiring a graphic
designer to design you a web template. If that designer uses that same web
template on 20 different websites, you`d be upset.

You are paying for the product (script) they are providing you.

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calvin1214@hotmail.com

If you were to buy off-the-shelf software, you would be paying for the product.

If you are hiring a developer to create custom software, you`re paying for their time.

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Oleg Issers | StartupNation.com Web Team

50% of computer programming is trial and error. The other 50% is copy and paste.

Yes, you are paying for their time, AND their knowledge and whatever product/software/concept they come up with. If that was not the case all employees of software companies would own the products they help produce. IMO You simply need to make sure that the legal part representing ownership of the finished product is included in the contract.

So would it be OK for a designer to create a custom web template for you,
then turn around an use it for all his other clients?

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calvin1214@hotmail.com

Yes, unless it was in their agreement not to. I have never reused entire sites worth of code, but I have certainly reused snippets/pieces/chunks of it, borrowed from my past works, placed similar looking buttons on multiple sites, etc.

I would think a patent would be hard to get on code, especially since you are a) using PHP, and b) launching it off the back of someone else`s software. Code is constantly changing - what you write at the time of patent might be totally different before it even gets approved. And even if you make your patent vague enough to allow for future updates in code or functionality, it would be too vague for you to be able to defend it.

IMO, I don`t agree with patents and trademarks on designs, graphics, code, websites, etc. It`s like an excuse for people to think they are protected to the point where they become change-resistant. Code is fluid ... you will need to update it, add to it, stay on top of it.

True competitive edge is forged through actually being the best at what you do, not wrapping yourself in legalese. If someone copies your site and does it better than you can, they deserve to win!

Legally - you could possibly protect the code in some fashion, but I don`t know much about software patent laws.

 

Ethically - since you`re asking what is fair - I don`t think you should stop the developer from selling it to other clients.

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Oleg Issers | StartupNation.com Web Team

50% of computer programming is trial and error. The other 50% is copy and paste.