What To Do???

[OnlineMerchants]

Hi all,

I'm after a bit of advice really as to what you would do in this scenario:

Ok so last year being a bit busy I went to one of the well known freelance
script writers sites. I instructed a programmer as to what script I wanted
and basically designed the features for them to include with it. When
the programmer bid on the project it was under the understanding then
when completed the copyright would be transfered to me. After he completed
it I sent it back for a few tweaks and modifications so that it would
exactly meet my requirements and it's been running ok ever since.

So yesterday whilst I was looking to buy another script off the shelf from
a completely different company (in another country) they mentioned that
they also had some other scripts available. You may be able to guess what's
coming next - yep the script I had designed was actually for sale by them. I
know for sure it was mine because in the demo they had included a graphic
that I had made and the original spelling mistakes!!

Ok so I am a bit cheesed off to put it mildly :eek: but I am also realistic
- is there anything you think I can do about this. If I complain that it
is my script designed by me and my copyright they could just say they
have altered something in the script to make it slightly different couldn't they???

Do I just rack it up to experience or try another route?? What would you
do in this situation?

Thanks for listening and look forward to hearing any opinions.

Cheers

Steve
P.S. Just popping out now but will be back later this afternoon if you
have any questions.

[D-Mac]

Which country does the coder come from? If it's outside the UK I would just leave it and move on.

[monk-i]

I still think you would be able to do something about it. You will have proof where it was developed and so forth and some of the initial files they will have to stop using it. Even if they have made mods to it. It still taking your initial work which is copyrighted. I think thats how it would work.

Don't hold me though as I am not on top form today Still think you can do something about it though. Its also a matter of how much the software is worth. If its something small don't bother.

[accelerator]

When the programmer bid on the project it was under the understanding then when completed the copyright would be transfered to me.

If you want to pursue it, I would check the terms and conditions relating to the contract between you and the programmer. An 'understanding' is unlikely to be good enough to protect you. Without knowing the details, if you have the relevant clauses to protect your intellectual property (the software design), then they would be in breach of that by selling on the finished software to another party. I expect this is a common problem with rent a coder type sites.

Rgds

Accelerator

[Barry]

Firstly, what a bummer man, I hate it when that happens!
Secondly I would fire them off an email, you never know they may have a conscience and take it down. However if they don't I'd go with whats been said - let it go its not worth wasting the energy unless its such a unique principal behind the script and you are worried about a massive influx in competition.

Ta

[Adeel]

well if u ve get it coded from outside europe -- well datz out of range.. i wud say even out of UK then simply 4get it.. u wud be wasting ur time n money to track them down..

n if its from da UK then get a laywer, send an official letter to the company who is selling it to come to the court wid the proof of their purchase - if ur contract is LEGITIMATE n they have already sold the script to other users (even wid modifications) - u may end of wid some claimz.. u know wt i mean..

Ciao..

[OnlineMerchants]

Thanks guys for your replies - appreciated!!

I just went through the spec of the script that the programmer
bid on and I had put at the bottom "Copyright and all rights would be transfered to me on completion."

So whilst I might be able to do something i'm probably just going to end
up wasting time & energy on this. The programmer is not UK based and
nor is the company that are selling it - so I guess i'm stuffed really

I will though fire off a couple of emails to the companies concerned and see if
that does anything and may also report him to the freelance site.
It is a pretty unique script and I was well pleased with the idea behind
it and the fact that it is working well.

There was me thinking I was having a good week as well - Cheers everyone
- think i'll just console myself with a cheap bottle of vodka

Thanks

Steve

[OnlineMerchants]

Hi all,

Just an update on this - I contacted both the programmer and the
company now reselling the script and basically wanted to know why
they were breaching my copyright.

The programmer was apologetic and said that his server had been hacked
and as he had failed to remove the demo of the script (that he showed to
me when complete) it must have been taken. He wants the URL of the
company now selling it.

The company now reselling the script have said that they wrote it themselves
and when I pointed out that this was untrue and showed them proof they
simply replied with a three word response denying it.

I am going to pursue this a little longer and see if I can get anywhere.

Cheers

Steve