Providing Source Code to Customers.

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MOHAMMADEHSAN AMERI
2244
MOHAMMADEHSAN AMERI  
Hi developers,
I was wondering if you provide the source code of the order jobs to your customer or not?
Is it common to give the source code? Or do you ask for extra charge for that? 
Lorentzos Roussos
24001
Lorentzos Roussos  
MOHAMMADEHSAN AMERI:
Hi developers,
I was wondering if you provide the source code of the order jobs to your customer or not?
Is it common to give the source code? Or do you ask for extra charge for that? 

Yes you are obliged to provide the source code . 

If you are to expose a library you have in a freelance project ,then yes adjust for price if you have to share the library too.(but prior to the agreement so that they know)

Alain Verleyen
40720
Alain Verleyen  
Lorentzos Roussos:

Yes you are obliged to provide the source code . 

If you are to expose a library you have in a freelance project ,then yes adjust for price if you have to share the library too.(but prior to the agreement so that they know)

No you are not obliged to anything !

That's the usual practice to provide the source code, but it's mandatory by no way. It is an agreement to negotiate between the customer and the programmer.

MOHAMMADEHSAN AMERI
2244
MOHAMMADEHSAN AMERI  
Alain Verleyen:

No you are not obliged to anything !

That's the usual practice to provide the source code, but it's mandatory by no way. It is an agreement to negotiate between the customer and the programmer.

Thank you both.  Alain Verleyen and Lorentzos Roussos for your answer.

Lorentzos Roussos
24001
Lorentzos Roussos  
Alain Verleyen:

No you are not obliged to anything !

That's the usual practice to provide the source code, but it's mandatory by no way. It is an agreement to negotiate between the customer and the programmer.

"If no conditions for transferring exclusive rights to the program developed via the Freelance service are set in the requirements specification, all the exclusive rights to the ordered software belong to the Customer. In that case, the Developer can use the developed software for his or her own needs on the terms of a free and simple (non-exclusive) license within the entire duration of the exclusive right."

so according to this you have to negotiate for not providing the source code, otherwise the copyright is the customers by default . 

i.e. ,you have to tell them 
Alain Verleyen
40720
Alain Verleyen  
Lorentzos Roussos:

"If no conditions for transferring exclusive rights to the program developed via the Freelance service are set in the requirements specification, all the exclusive rights to the ordered software belong to the Customer. In that case, the Developer can use the developed software for his or her own needs on the terms of a free and simple (non-exclusive) license within the entire duration of the exclusive right."

so according to this you have to negotiate for not providing the source code, otherwise the copyright is the customers by default . 

i.e. ,you have to tell them 

Thanks for this quotation, I was not aware it was included in the rules. (They change/update the rules without notification, bad practice from MQ as usual).

But

1. That doesn't talk about the source code, but about software.

2. It confirms you are not forced to anything.

I don't know anything about the laws in that matter, must be very complicated in a Worlwide context as on this site, but I would be curious to know how it would work in case of dispute.

Lorentzos Roussos
24001
Lorentzos Roussos  
Alain Verleyen:

Thanks for this quotation, I was not aware it was included in the rules. (They change/update the rules without notification, bad practice from MQ as usual).

But

1. That doesn't talk about the source code, but about software.

2. It confirms you are not forced to anything.

I don't know anything about the laws in that matter, must be very complicated in a Worlwide context as on this site, but I would be curious to know how it would work in case of dispute.

True . It seems the more that's communicated upfront with the customer the better . :)

Alain Verleyen
40720
Alain Verleyen  
Lorentzos Roussos:

True . It seems the more that's communicated upfront with the customer the better . :)

Yes for sure. I never had any problem about that by the way.

In general, I completely disagree with the almost "obliged" practice (but not rule) to provide the source code. It should be the exact reverse. No source code by default and provided on agreement.

Nobody should be forced to provide the source code, it's the programmer decision and in no way the customer one (unless there is an agreement). It's only an opinion, maybe it has no legal support, but I am curious. That's an interesting discussion about the source code, in case you get some more information in the subject I am interested to know.

Luis Leal
313
Luis Leal  
Lorentzos Roussos:

Yes you are obliged to provide the source code . 

If you are to expose a library you have in a freelance project ,then yes adjust for price if you have to share the library too.(but prior to the agreement so that they know)

before accepting the work, the programmer has to say to customer all things and price, not after. As a costumer, when I contract a programmer, I contract a coder, not an applications seller that sells me an application with my intelectual property. The coder is a coder because he is not a customer. The owner is the supplier of the intelectual property. 95% is the knowledge to know what the programmer have to do and 5% is the effort to writing this. Payed this effort, the 100% is ownership of the customer. Anyway, the programmer has the source to use for your own knowledge and only can use   indistinct parts of the code as gained knowledge, not entirely the global function and can not sell it without prior authorization of the proprietary. This is comum sense.
MQL5 basic rules
"If no conditions for transferring exclusive rights to the program developed via the Freelance service are set in the requirements specification, all the exclusive rights to the ordered software belong to the Customer. In that case, the Developer can use the developed software for his or her own needs on the terms of a free and simple (non-exclusive) license within the entire duration of the exclusive right."

Documentation on MQL5: Constants, Enumerations and Structures / Named Constants / Predefined Macro Substitutions
Documentation on MQL5: Constants, Enumerations and Structures / Named Constants / Predefined Macro Substitutions
  • www.mql5.com
//| Expert initialization function                                   | //| Expert deinitialization function                                 | //| Expert tick function                                             | //| test1                                                            |...
Soewono Effendi
3920
Soewono Effendi  
say what you want, the same rule also states:

...In that case, the Developer __can use__ the developed software for his or her own needs on the terms of a free and simple (non-exclusive) license within the entire duration of the exclusive right."


Soewono Effendi
3920
Soewono Effendi  
and btw. to.imply source code and  _exclusive rights_ for the average (hunger) price of the freelance jobs is _laughable_

You want source code and exclusive rights, pay the price !
Agree on NDA, agree on Enforcement, etc. _do not imply_
Never make assumptions.

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