Discussion of article "How to Order a Trading Robot in MQL5 and MQL4" - page 12
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There is a free-lance option here on mql5.
I've already posted the job there, but I haven't had any response from suitable developers and if I could find out the name of someone who has done previous work similar to what I need, I could apply directly to them.
So, I am not protected from someone who will write everything - then will jump off in the middle of the way, and look for a new one?
If the customer does not explicitly request the source code in the requirements, then the developer can do as they wish.
And if the developer decides not to supply the source code, then they will not be violating the requirements, and will win the arbitration if it goes that way.
Many developers feel ethically motivated to offer the source code irrespective of the customer requirements, but other developers do not.
There is no default! It should be in the requirement specifications and it can affect the price of the job.
If the customer does not explicitly request the source code in the requirements, then the developer can do as they wish.
And if the developer decides not to supply the source code, then they will not be violating the requirements, and will win the arbitration if it goes that way.
Many developers feel ethically motivated to offer the source code irrespective of the customer requirements, but other developers do not.
There is no default! It should be in the requirement specifications and it can affect the price of the job.
After reading the MQL5.com rules, I can second this that no other information/request supersedes the requirements specification.
Asking for a source code before a project might affect the price of a job, so the developer has to be aware about it in advance to bid accordingly.
If the customer does not explicitly request the source code in the requirements, then the developer can do as they wish.
And if the developer decides not to supply the source code, then they will not be violating the requirements, and will win the arbitration if it goes that way.
Many developers feel ethically motivated to offer the source code irrespective of the customer requirements, but other developers do not.
There is no default! It should be in the requirement specifications and it can affect the price of the job.
The developer does not have any exclusive rights to the software developed unless otherwise spelled out in the specifications. Like it or not, this is the current rule you agree to. MQL5/MetaQuotes must bind all of us to these rules and apply them as stated. Stating otherwise is misleading. According to the current rules, it is up to the developer to state what kind of rights to the software is retained or given out if they don't want to all exclusive rights rule to apply. Seems perfectly fair to me and as developer who knows these rules, can easily demand a clause that all rights belong to the developer if they wish. A developer understands this better than most customers (who may be ordering some work for the first time and don't know anything about this business) and the burden naturally should be placed on a developer to protect and assert any rights they desire including exclusivity to software they build. The rule broadly states the term software, not compiled program, so in case you are thinking you can get out of not providing the source code because it doesn't specifically mention source code, I don't believe you can. The term software is very broad. All rights transfer to the customer and exclusive rights at that. This is consistent across the spectrum of Freelancer websites. However, MQl5 is being generous and still granting a developer to be able use the code they developer but only in a non-exlusive capacity. The way all of this reads implies the delineating of rights between customer and freelancer and its quite clear the developer gets the non-exclusive right. Want something more, make sure its in writing. Don't expect the customer to know to do this, especially customers who have no idea of the in's and outs of the development world like you do.
The rules state, to paraphrase, without terms in the specification stating differently, the developer receives "...a free and simple (non-exclusive) license..." to use what they built. Meaning, developers, you don't have the ultimate rights to determine what you do with what you built. MQL5 through a default clause that gives all rights to the customer. This is why, it seems with the current rules in place, developers need to make sure they include in the specifications what happens to the rights of what they build.
The developer does not have any exclusive rights to the software developed unless otherwise spelled out in the specifications. Like it or not, this is the current rule you agree to. MQL5/MetaQuotes must bind all of us to these rules and apply them as stated. Stating otherwise is misleading. According to the current rules, it is up to the developer to state what kind of rights to the software is retained or given out if they don't want to all exclusive rights rule to apply. Seems perfectly fair to me and as developer who knows these rules, can easily demand a clause that all rights belong to the developer if they wish. A developer understands this better than most customers (who may be ordering some work for the first time and don't know anything about this business) and the burden naturally should be placed on a developer to protect and assert any rights they desire including exclusivity to software they build. The rule broadly states the term software, not compiled program, so in case you are thinking you can get out of not providing the source code because it doesn't specifically mention source code, I don't believe you can. The term software is very broad. All rights transfer to the customer and exclusive rights at that. This is consistent across the spectrum of Freelancer websites. However, MQl5 is being generous and still granting a developer to be able use the code they developer but only in a non-exlusive capacity. The way all of this reads implies the delineating of rights between customer and freelancer and its quite clear the developer gets the non-exclusive right. Want something more, make sure its in writing. Don't expect the customer to know to do this, especially customers who have no idea of the in's and outs of the development world like you do.
The rules state, to paraphrase, without terms in the specification stating differently, the developer receives "...a free and simple (non-exclusive) license..." to use what they built. Meaning, developers, you don't have the ultimate rights to determine what you do with what you built. MQL5 through a default clause that gives all rights to the customer. This is why, it seems with the current rules in place, developers need to make sure they include in the specifications what happens to the rights of what they build.
You seem to keep mixing up the concepts of "program"/"software" and "source code". The source code is transformed into an executable file (i.e. program).
Having Exclusive rights over the program/software does not override the Copyrights of the source code.
The two things are distinct and separate from each other.