Rules of Using the Freelance Service
here is item number 12 of General provisions of Rules of Using the Freelance Service:
12. 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.
I am wondering the clear effect of this rule on jobs like converting from other platforms to mt4/5.
As we know there are codes which are popular and free at same time on other platforms and many freelancer customers want them to be converted to mt4/5. Also, developer/seller himself/herself wans to sell its converted form on market. or he/she has it as product on market already!
Based on the fact that these code all are free on those platforms, does all the exclusive rights to the ordered software (here is free code converted to mt4/5) belong to the Customer?
In my opinion, that Freelance rule violates international copyright laws, where by default, all the code rights are reserved and belong to the original programmer and NOT the customer. That is even why there is usually a copyright notice at the beginning of the code.
However, the programmer also does not own the rights of the trading idea (as that belongs to the customer), so each side ends up "blocking" the other side from making comercial use of the program or selling it in the Market. In other words, any Freelance work should always be treated as for personal use only, by both sides.
If one or both sides wants comercial distribution rights, then both parties need to reach an agreement on that.
In my opinion, that Freelance rule violates international copyright laws, where by default, all rights are reserved and belong to the original programmer and NOT the customer. That is even why there is usually a copyright notice at the beginning of the code.
However, the programmer also does not own the rights of the trading idea (as that belongs to the customer), so each side ends up "blocking" the other side from making comercial use of the program or selling it in the Market. In other words, any Freelance work should always be treated as for personal use only, by both sides.
If one or both sides wants comercial distribution rights, then both parties need to reach an agreement on that.
Thanks for reply.
yes, it sounds reasonable. I think if final product is a combination of customer ideas plus a free code you are completely right and it has to be treated as for personal use. The case in my mind is pure free code conversion without any simple idea from customer. In this case that code does not belong to any person and any copy of that converted code can be used from both customer and developer sides as there is not any idea behind the product unless initial one from original FREE code.
Thanks for reply.
yes, it sounds reasonable. I think if final product is a combination of customer ideas plus a free code you are completely right and it has to be treated as for personal use. The case in my mind is pure free code conversion without any simple idea from customer. In this case that code does not belong to any person and any copy of that converted code can be used from both customer and developer sides as there is not any idea behind the product unless initial one from original FREE code.
In the case of conversion of public domain code (not private domain), then the new program totally belongs to the coder, and the customer has no rights on it at all, unless otherwise agreed between both parties.
1. I agree with @ Fernando Carreiro. In case of conversion the customer hasn't been involved neither in design nor in coding. So he/she has no right.(unless he agrees with the coder before job starts)
2. In general I think the amount of concern MetaQuotes has already showed from more serious things going on in Market section I would not bother myself for a conversion(with reference to the name of original coder who probably didn't create the idea himself!) unless there has been a legal issue directed at me from the formal authorities.
In the case of conversion of public domain code (not private domain), then the new program totally belongs to the coder, and the customer has no rights on it at all, unless otherwise agreed between both parties.
yes, I am at same point. As original Code is free, converted one can be sold by developer over market.
thanks for replies,
1. I agree with @ Fernando Carreiro. In case of conversion the customer hasn't been involved neither in design nor in coding. So he/she has no right.(unless he agrees with the coder before job starts)
2. In general I think the amount of concern MetaQuotes has already showed from more serious things going on in Market section I would not bother myself for a conversion(with reference to the name of original coder who probably didn't create the idea himself!) unless there has been a legal issue directed at me from the formal authorities.
I asked from service desk about selling converted code products generally, they replied that I CAN NOT mention other platform name in product description. Also, if there will not be any claim from original code owner it is ok for MQL to have such products at the Market.
The only point was missing was customer ordered conversions. I asked here to be more clear.
thanks you too Yashar,
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here is item number 12 of General provisions of Rules of Using the Freelance Service:
12. 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.
I am wondering the clear effect of this rule on jobs like converting from other platforms to mt4/5.
As we know there are codes which are popular and free at same time on other platforms and many freelancer customers want them to be converted to mt4/5. Also, developer/seller himself/herself wans to sell its converted form on market. or he/she has it as product on market already!
Based on the fact that these code all are free on those platforms, does all the exclusive rights to the ordered software (here is free code converted to mt4/5) belong to the Customer?