Contractor does not give the original files or the year is new and the problems are old
Good afternoon dear forum users, forum women, as well as forum users or just about to do it!
Good administration of a forum!
My situation is as follows. I placed an order for a trading indicators on the Market. As a result, I have found an Appliciant/Developer. My payment was effected. I received the indicator file without the source code.
After that the developer wrote three more indicators according to my requirements. All also was paid and transferred. Namely, working files without sources.
At this stage the work with this contractor was completed and I needed the source files to make some changes.
My request to give me the source files as a proof of my intellectual effort and exceptional talent was rejected.
Here is what he writes to me in an email:
"Doesn't everything you wrote according to my terms of reference belong to me?" - I ask him))
I am not your employee who signed a contract stating that everything I do belongs to you.
In case you've forgotten, this is freelancing, a free zone, everything is subject to agreements and everyone is free to do
In case you've forgotten, this is a free zone and everything here is a matter of agreements, everyone is free to act as they see fit and propose their own terms, everyone has the opportunity to choose their own terms, there are plenty of developers on the freelance market.
The process involves at least two parties who are free to make their own choice, and therefore each of them has the right to the finished
The only document that confirms the results of the development process is the document of the developer's choice. The only document that confirms these or those rights is terms of reference, it is reflected in the rules of MQL5. The transfer of the source code should be stipulated in it if it is necessary for the customer. The absence of this clause by default means that the transfer of the source code is not mandatory, but it is possible by agreement of the parties. Usually if the client needs the code, they tell us right away and we discuss the terms of transfer. You have not said anything, so there can be no claims against me by definition, because only the agreements reflected in the terms of reference can be the subject of disputes, all other agreements cannot be an argument in favor of the customer or the developer.
"You must voluntarily hand over...".
If you see the situation this way, I officially notify - I owe you personally nothing and am not obliged to
For the reasons set out above, I have nothing more to add.
Under the circumstances, I repeat, "my experience is not enough to implement your projects.
I hope your message is clear.
So I ask you not to contact me with messages of any kind. I won't be impolite, I won't respond to them.
Good day!"
But allow me gentlemen! After all, I am the creator, genius and creator of the terms of reference by which my indicators were built.
Moreover, paragraph 12 of section I ("General Provisions") directly indicates it. To wit :
"If the conditions for the transfer of the exclusive rights to the program which is created on order through "Freelance" service are not separately stipulated in the Requirements Specification, then the exclusive rights to this created on order program belong to the Customer. In this case, the Contractor may use the created program for its own needs under a royalty-free simple (non-exclusive) license for the duration of the exclusive right".
Accordingly. I haven't transferred any rights on my intellectual property to this contractor. I do not intend to do so.
There is a quite legitimate question. How can I reclaim from the contractor what belongs to me and no one else!
Please don't write go to court etc. This goes without saying. But first I do hope to resolve the dispute by persuasion.
If necessary, I am ready to give the nickname and name of the hero and his email. Especially because I have his personal consent to do so.
I want to finish my post with a good poem that hasn't lost its relevance in time
A Bear came up quietly,
"I'm telling you, villain,
Spit out your sunshine!
Or else I'll catch you,
I'll break you in half -
You'll know, ignoramus,
Our sun is stolen!
What a breed of robber!
He's grabbed the sun from the sky
And with his belly full
He collapses under a bush
And grunts in his sleep,
Like a well-fed marmot.
"The whole world is gone,
And he has no grief!"
But the shameless one laughs
So that the tree shakes:
"If I want to,
I'll swallow the moon!"
"The Bear roared,
The Bear roared,
The Bear roared,
The Bear swooped down on the wicked foe,
The Bear swooped,
The Bear swooped down on the wicked foe.
And he crushed him
And broke him:
"Give me
Our sunshine!"
Scared the Crocodile,
Screamed, screamed,
And out of his mouth
From his teeth
The sun fell out,
Into the sky!
You gotta get the TOR right, he's right.
The founding fathers of this resource like to say that there is the letter of the law and there is the spirit of the law. There's the letter of the law and there's the spirit of the law...
Why the hell would you pay twice for your own idea?
I think if you can't get the truth here, you'll have to go to court. Intellectual property's a thing of the past.
On the other hand, I don't want to deal with this gentleman anymore. The indicators need to be improved.
What about the spirit of the forum? This is decompilation. But in fact it is my work and success!
Please don't write go to court etc. That goes without saying. But first I hope to resolve the dispute by persuasion.
legally interested only in the facts, not desires and expectations
If there is a requirement in the terms of use of the service works to transfer the source code - you are right
if there is a requirement in the TOR to provide the source code - you are right
if there is an agreement in the discussion on the TOR (before the contract for execution) - you are right
if there is nothing of the kind - there is no subject and discussion, as written - it is your desire or expectation is not agreed and not documented
the author writes such long posts and doesn't see the code
but the word genius is very common
the performer also acted strangely, although maybe the author is a genius, but if not, you can see what kind of participant
there are realizations of robots with complicated solutions, but the indicators are there except for the realization of the idea,
in this case, the implementer clamped his personal code, the author in this case, the idea will additionally reproduce among the new coder
Why the hell would you pay twice for your own idea?
I think if you can't get the truth here, you'll have to go to court. Intellectual property's still around.
On the other hand, I don't want to deal with this gentleman anymore. The indicators need to be improved.
What about the spirit of the forum? This is decompilation. But in fact it is my work and success!
In the program, in addition to your idea, you may have your own developments, which the developer uses in other projects, and to which you have nothing to do.
The developer may well not want to make them public. It is his intellectual property.
The source code is given by the contractor unconditionally before the job is completed.
As long as the source code has not been transferred, the client must not close the job. If he does, the SCCB will be closed.
If the contractor has not passed the source code, the client has the full right to open arbitration for a refund.
All of this is explicitly described in the freelancing rules
Why the hell would you pay twice for your own idea?
I think if you can't get the truth here, you'll have to go to court. Intellectual property's still around.
On the other hand, I don't want to deal with this gentleman anymore. The indicators need to be improved.
What about the spirit of the forum? This is decompilation. But in fact it is my work and success!
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Good afternoon dear forum users, forum women, as well as forum users or just about to do it!
Good administration of a forum!
My situation is as follows. I placed an order for a trading indicators on the Market. As a result, I have found an Appliciant/Developer. My payment was effected. I received the indicator file without the source code.
After that the developer wrote three more indicators according to my requirements. All also was paid and transferred. Namely, working files without sources.
At this stage the work with this contractor was completed and I needed the source files to make some changes.
My request to give me the source files as a proof of my intellectual effort and exceptional talent was rejected.
Here is what he writes to me in an email:
"Doesn't everything you wrote according to my terms of reference belong to me?" - I ask him))
I am not your employee who signed a contract stating that everything I do belongs to you.
In case you've forgotten, this is freelancing, a free zone, everything is subject to agreements and everyone is free to do
In case you've forgotten, this is a free zone and everything here is a matter of agreements, everyone is free to act as they see fit and propose their own terms, everyone has the opportunity to choose their own terms, there are plenty of developers on the freelance market.
The process involves at least two parties who are free to make their own choice, and therefore each of them has the right to the finished
The only document that confirms the results of the development process is the document of the developer's choice. The only document that confirms these or those rights is terms of reference, it is reflected in the rules of MQL5. The transfer of the source code should be stipulated in it if it is necessary for the customer. The absence of this clause by default means that the transfer of the source code is not mandatory, but it is possible by agreement of the parties. Usually if the client needs the code, they tell us right away and we discuss the terms of transfer. You have not said anything, so there can be no claims against me by definition, because only the agreements reflected in the terms of reference can be the subject of disputes, all other agreements cannot be an argument in favor of the customer or the developer.
"You must voluntarily hand over...".
If you see the situation this way, I officially notify - I owe you personally nothing and am not obliged to
For the reasons set out above, I have nothing more to add.
Under the circumstances, I repeat, "my experience is not enough to implement your projects.
I hope your message is clear.
So I ask you not to contact me with messages of any kind. I won't be impolite to you, I won't respond to them.
Good day!"
But allow me gentlemen! After all, I am the creator, genius and creator of the terms of reference by which my indicators were built.
Moreover, paragraph 12 of section I ("General Provisions") directly indicates it. To wit :
"If the conditions for the transfer of the exclusive rights to the program which is created on order through "Freelance" service are not separately stipulated in the Requirements Specification, then the exclusive rights to this created on order program belong to the Customer. In this case, the Contractor may use the created program for its own needs under a royalty-free simple (non-exclusive) license for the duration of the exclusive right".
Accordingly. I haven't transferred any rights on my intellectual property to this contractor. I do not intend to do so.
There is a quite legitimate question. How can I reclaim from the contractor what belongs to me and no one else!
Please don't write go to court etc. This goes without saying. But first I do hope to solve the dispute by persuasion.
If necessary, I am ready to give the nickname and name of the hero and his email. Especially because I have his personal consent to do so.
I want to finish my post with a good poem that hasn't lost its relevance in time
A Bear came up quietly,
"I'm telling you, villain,
Spit out your sunshine!
Or else I'll catch you,
I'll break you in half -
You'll know, ignoramus,
Our sun is stolen!
What a breed of robber!
He's grabbed the sun from the sky
And with his belly full
He collapses under a bush
And grunts in his sleep,
Like a well-fed marmot.
"The whole world is gone,
And he has no grief!"
But the shameless one laughs
So that the tree shakes:
"If I want to,
I'll swallow the moon!"
"The Bear roared,
The Bear roared,
The Bear roared,
The Bear swooped down on the wicked foe,
The Bear swooped,
The Bear swooped down on the wicked foe.
And he crushed him
And broke him:
"Give me
Our sunshine!"
Scared the Crocodile,
Screamed, screamed,
And out of his mouth
From his teeth
The sun fell out,
Into the sky!