NDA - No Disclosure Agreement

 

Hey guys,


How would NDA work on MQL5 website if the person can be from any country in the world? Some might not even care about it.


Lets say a developer develops a system for me and starts selling the same thing and lets say am from EU and developer is from Asia or Africa whats then?


Who's gonna take care of it MQL5?

 

I think - everything is according to the Rules:

  1. Rules of Using the Freelance Service
  2. Rules of Using the Market Service
And any other situations are related to the subject of discussion/agreement between the trader and the developer.

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My example: I am ordering in Freelance as well but I create a personal order for developer.
It means that I know him/them from the forum for example during some long period of time.
But many traders do not care and can order any developer ... and they do not know each other ...
read this small thread about what I mean: https://www.mql5.com/en/forum/392805

Rules of Using the Freelance Service
Rules of Using the Freelance Service
  • www.mql5.com
Rules of Using the Freelance Service: general provisions, execution of orders, payments,
 
So in other words if they start selling or using, its on me to deal with it?
 
Mintautas Sujeta #:
So in other words if they start selling or using, its on me to deal with it?

" its on me to deal with it?" - everything is according to the Rules of the services.
And start selling what? And how to prove that they start selling something which is related to you for example?
So, it depends on who they are -

1 case: they are your good friends and you make the personal orders for them in Freelance because of that,
2 case. or they are unknown developers who are coding some EAs for you, and you do not care about who they are and what they do and will do ... you care only when you see something which is similar to yours in the Market ...

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I am not a coder so I prefer the 1st case when I go to Freelance. Because if not so it is almost impossible to prove anything after, and because the service desk is dealing according to the Rules asking for proofs as well (and all this "story" according the 2nd case will look like a trolling after that).

 
Mintautas Sujeta #:
So in other words if they start selling or using, its on me to deal with it?

Anyway, as I said - I am not a developer, and I can express my opinion only with "this situation".

 
Sergey Golubev #:

Anyway, as I said - I am not a developer, and I can express my opinion only with "this situation".

Well you prove by the strategy used. So yeah I get it, anything done here on MQL5 can be used by the developers and NDA wont work since majority of developers are Russian, Asian, African. 

 
Mintautas Sujeta #:

Well you prove by the strategy used. So yeah I get it, anything done here on MQL5 can be used by the developers and NDA wont work since majority of developers are Russian, Asian, African. 

"you prove by the strategy used ..." - the strategy used can not prove anything as we are talking about programming codes.

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You do not understand what I mean ... I am not talking about "NDA wont work".

I have two examples (it was on former tsd forum).

1. One coder created indicator and uploaded it to the forum thread as source code. The other coder told that "those 4 lines in the code were stolen from me" because I was the first in the world who coded the alert on indicator on this way".
The first coder told that "I did not steal anything and I am coding alerts for my indicators during the long time on this way" ....
and I was admin of tsd and that is why I was reading their discussion ...

4 lines in the code you know?! alert for indicators for MT4 ...

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2. One user told on the forum (it was tsd forum):
"it is good that you like my indicators which I uploaded here as the source codes. And I have one idea about how to use them".

  • The 1st coder replied: "I will create EA on this idea and with those indicators."
  • The 2nd coder replied (on different thread; and they did not read/see the posts of each other): "I will create EA based on this idea".

The 1st coder was Alex from Germany, and second coder was Beluck from Ukraine (both were very famous coders in that time).
They created completely different EAs base on same elaborated idea with using same indicators.
And they name their EA(s) the following: Brainwashing EA.

I asked them: "strange name ... why Brainwashing EA?".
They replied: "this situation (when we two are coding different EAs based on same idea and same everything) is completely washed our brains."
Yes, those Brainwashing EAs were different EAs by coding ... completely different EAs based on same strategy, same indicators, same idea and same trading rule (yes, the the trades were opened at the same time for both EAs).

It is the short story about how Brainwashing system was coded (it was uploaded on this forum by source codes for MT4 and Mt5 on many threads).

"One user told on the forum" - this user created his "Brainwashing" system based on same idea later, and he named his (already improved) system as the following:
LabTrend trading system.

Same idea, same indicators by source codes, and 3 different coders coded EAs uploaded to the forum as the source codes as well ...

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So, EAs may open the trade on the same time and may have similar or same manual trading strategy to use.
But it can be completely different EAs ...

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Because the coder is author of his codes (and not a person who express the trading idea for example).
I mean: if you have an idea and ask the developer to code so it is his code.

 
Mintautas Sujeta #:

Well you prove by the strategy used. So yeah I get it, anything done here on MQL5 can be used by the developers and NDA wont work since majority of developers are Russian, Asian, African. 

I think you are going to have a tough time doing that and I don't think you will succeed, Once someone knows something there is no way to unknow that thing, If you give me your idea and I code for you me understanding that strategy ( just in case is profitable one) . I may replicate some of the stuff or use that knowledge obtained in some of my systems, If you can't prove that system is yours then it's not yours. Ideas can't be stopped. If you are worried about that I think you might as well need to do everything yourself or hide some of the sensitive information to the developer

 
Mintautas Sujeta: Hey guys, How would NDA work on MQL5 website if the person can be from any country in the world? Some might not even care about it. Lets say a developer develops a system for me and starts selling the same thing and lets say am from EU and developer is from Asia or Africa whats then? Who's gonna take care of it MQL5?

Given that the Freelance jobs are in theory for "personal use only", and given that no legal and binding commercial contract is established between parties (e.g. via lawyers), then by definition, no NDA can be legally enforced, and in the same way, neither can the developers Copyright be retracted or revoked.

So, given that the Copyright to source code continues to belong to the developer, and that the customer's ideia or strategy may or may no be legally protected, then neither the the developer nor the customer can legally distribute the final executable for any comercial reason what so ever.

The fact that many customers do in fact sell the final executable as Market products is a "very grey area" due to the fact that both parties accept the ideia implicitly due ignorance of the laws.

The only ones that should be allowed to sell products on the Market are the sole developers (developing for themselves), or customers who have legally (via lawyers) obtained the commercial distribution rights from the developers.

EDIT: Obviously, the previous sentence is not the reality of things and all manor of persons are selling products, many of which are in violation of the above, but the circumstances are simply ignored, because most people don't care about it.

Reason: