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Where do I stand?
Posted by Anonymous . updated on 2/26/2009
Hello
Over the past few years i have been developing my own software that has slowly become bigger and more popular.
I had always released it free and with source code and no included license information.
Recently a Software firm purchased the rights to my work and is continuing the development.
Are people who have previously downloaded the source code with no license included allowed to use my sources to develop and release their own versions with out expressed permission of the new owners?
The new owners say no.
Users who are upset over the sale say yes, and have also begun a version of their own.
All information I have came across online is unclear as i never gave any licensing information in the old releases.
All old versions have my copyright in them.
Who is right here?
The rouge users will stop if i demand it and show them proof.
I would like to stop them before they attract the attention of the new owners.
Thank you for your time.
Devman
Answers (5)
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JSonnab...
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Ouch! That's exactly why you never release copyrightable works without expressly stating the terms of the release.
Let me ask this question before answering yours: has the sale been completed? Are there any provisions of the sales agreement that keeps you on the hook for the third party use? (Ok, that's two questions).
- Jeff
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Devman
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Well i never intended to sell it in the first place.
They contacted me after following it for several months apparently.
Buyers know its history so they are aware it is out there.
They are under the belief they can stop people using it.
I sold them the name, domain and all development files and sources i had lying around.
They have the rights to use my brand name and develop the source code in to a commercial product.
Our agreement does state that I will not continue to develop it, but we never mentioned the earlier releases in writing, only the current unreleased version that is obviously based on these earlier ones.
And no there is nothing stating that i can be blamed for any 3rd party use unless of course i am directly involved.
It was never released as Open Source, but was never encrypted.
It was never released under the GNU or any kind of license at all.
Everyone knows and agrees it is my work, there is no dispute here.
The dispute is about what can be done with the versions that never included a license.txt since the latest version was sold.
Thank you
Devman
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JSonnab...
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Based on what you've posted, I'm not sure why you're concerned. This doesn't seem to be your headache anymore, just the buyer's. It was never released under the GNU or any kind of license at all. Actually, this is wrong. You did release it under some license, it's just not clear what the terms are. - Jeff
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Devman
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When you build up a community over a period of time many of them become friends.
I do not wish for them to get in trouble and i would like to have some clarification on how it would be treated from a legal prospective if it comes to that.
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JSonnab...
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Based on the little information you provided, I believe they likely have license to continue using and probably developing the code base.
- Jeff
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