paddy_fields Posted February 26, 2014 Share Posted February 26, 2014 (edited) Say, for example, I wanted to pay a programmer to cast their eye over my code and let me know of any major security flaws, is there any sort of legal protection I can put in place to prevent them simply stealing my code? I know in a physical sense I can't stop them, but if they were to launch a rival site for example based on my code, where do you stand? Can you get freelancers to sign some sort of 'non-disclosure' agreement so that you have some proof if it went to court? Edited February 26, 2014 by paddyfields Quote Link to comment https://forums.phpfreaks.com/topic/286546-hiring-programmers-are-there-copyright-laws/ Share on other sites More sharing options...
requinix Posted February 26, 2014 Share Posted February 26, 2014 An NDA will scare people away - especially the kinds of seasoned programmers you'd want to get to look at the code. With that said, probably the best answer anyone here can give is to talk to a lawyer. Quote Link to comment https://forums.phpfreaks.com/topic/286546-hiring-programmers-are-there-copyright-laws/#findComment-1470800 Share on other sites More sharing options...
Philip Posted February 26, 2014 Share Posted February 26, 2014 An NDA will scare people away - especially the kinds of seasoned programmers you'd want to get to look at the code. I don't think an NDA would scare that many people off. A non-compete on the other hand... Quote Link to comment https://forums.phpfreaks.com/topic/286546-hiring-programmers-are-there-copyright-laws/#findComment-1470802 Share on other sites More sharing options...
paddy_fields Posted February 26, 2014 Author Share Posted February 26, 2014 Thank you, I've been reading more about it here http://blog.jpl-consulting.com/2012/04/why-i-wont-sign-your-nda/ - and it does seem to be the wrong way to go about things. I was just curious if any common methods were used, but I suppose it'll come down to trust. Quote Link to comment https://forums.phpfreaks.com/topic/286546-hiring-programmers-are-there-copyright-laws/#findComment-1470804 Share on other sites More sharing options...
paddy_fields Posted February 26, 2014 Author Share Posted February 26, 2014 Philip, I just had a quick read about non-compete's .... 'agrees not to enter into or start a similar profession or trade' ... haha, now that would definitely send people running for the hills. Quote Link to comment https://forums.phpfreaks.com/topic/286546-hiring-programmers-are-there-copyright-laws/#findComment-1470805 Share on other sites More sharing options...
KevinM1 Posted February 26, 2014 Share Posted February 26, 2014 With that said, probably the best answer anyone here can give is to talk to a lawyer. This. If you're worried about your IP rights, don't half-ass it. Quote Link to comment https://forums.phpfreaks.com/topic/286546-hiring-programmers-are-there-copyright-laws/#findComment-1470813 Share on other sites More sharing options...
.josh Posted February 27, 2014 Share Posted February 27, 2014 It's gonna be a "risk" no matter what. Even if someone signs a non-compete, who's to say they won't pass your code off to someone else for a buck, and that 3rd party signed nothing. And even if you cover restriction of that sort of thing, you'd have to prove it. The bottom line is it's really hard to prove someone outright stole your stuff, and it's really hard to enforce or even define "rights" for this sort of stuff. And that's just dealing with the law within your own country's jurisdiction. For instance, lets say you're in the US. Doesn't matter if you have a bullet proof copyright on something.. someone from some other country can swipe it and host it on some host outside of the US.. there's little to nothing most people can do about that sort of thing. Even people who have a LOT of money and legal resources to pursue it have a hard time doing something about it. Just take a look at all the big name software and media companies constantly throwing millions and billions of dollars at protecting against piracy and look at how effective they really are at it. Bottom line is "closed source" stuff is out-dated and not a viable method these days. This is why a lot of software these days gravitate towards some sort of open-source license, and focus on providing services/support, rather than just trying to sell a product. Quote Link to comment https://forums.phpfreaks.com/topic/286546-hiring-programmers-are-there-copyright-laws/#findComment-1470924 Share on other sites More sharing options...
paddy_fields Posted February 27, 2014 Author Share Posted February 27, 2014 Thanks, that makes a lot of sense. Quote Link to comment https://forums.phpfreaks.com/topic/286546-hiring-programmers-are-there-copyright-laws/#findComment-1470939 Share on other sites More sharing options...
gizmola Posted February 27, 2014 Share Posted February 27, 2014 Actually the license in your code is enough. When you select the developer you want to review it, simply create an agreement that states the terms, which helps you establish how the developer came to see your code and on what date, should anything ever transpire. After that, a case of code duplication or theft would be based on being able to show that the code was copied in whole or part. Having some other sort of agreement isn't going to make that case more viable, and as others have stated, trying to cook up something more onerous will only get in the way of your attempts to hire someone competent to do the review. Quote Link to comment https://forums.phpfreaks.com/topic/286546-hiring-programmers-are-there-copyright-laws/#findComment-1470947 Share on other sites More sharing options...
.josh Posted February 27, 2014 Share Posted February 27, 2014 right.. but the problem is with proving and enforcing it. Quote Link to comment https://forums.phpfreaks.com/topic/286546-hiring-programmers-are-there-copyright-laws/#findComment-1470961 Share on other sites More sharing options...
gizmola Posted March 1, 2014 Share Posted March 1, 2014 right.. but the problem is with proving and enforcing it. Agree 100%. I've had these types of conversations with people probably 50x over the years, I have NEVER seen a case that didn't involve a patent. Every other business person I talk to, who has an idea, is convinced their idea is amazing and original and worth a billion dollars. Quote Link to comment https://forums.phpfreaks.com/topic/286546-hiring-programmers-are-there-copyright-laws/#findComment-1471109 Share on other sites More sharing options...
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