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Need some opinions


eradio

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Need some opinions from the veterans or anyone out there..

 

I've invested a considerable amount of time in building the back-end structure of my store using and there are two clients who are interested in 'renting' my codes by monthly payments. They need a store which works like mine. They offered a reasonable amount which is a good source of income for bill payments. :lol:

 

The question I'm going to ask is... how am I going to protect my codes? I do not want them to copy my files and stop paying the subsequent months and sell them for their own profits.

 

Any suggestions and thoughts are warmly welcome.

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If your "code" is integrated in with oscommerce then you will not be able to protect the code per se as your code would also need to be released under the GPL licence.

 

This means that the people you sell your modified solution to have the right to pass the code on to others if they so wish.

 

I would suggest that you take a read of the gpl licence and the site http://www.fsf.org as this is covered in detail there.

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Not be able to protect the code technically wise or lawfully wise?

 

After doing a search online, to my dismay, I've seen many ecommerce solutions providers who 'repackage" oscommerce and sell it as independent software. The only changes they made are colors. How can it be possibly done?

 

We may be looking at different viewpoints. If they are paying in full, they do have the rights to have the code but the interested individuals are paying like a monthly basis. Before the payment is made fully, I do have to protect my codes.

 

Any suggestions on this part?

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Not be able to protect the code technically wise or lawfully wise?

 

After doing a search online, to my dismay, I've seen many ecommerce solutions providers who 'repackage" oscommerce and sell it as independent software. The only changes they made are colors. How can it be possibly done?

 

We may be looking at different viewpoints. If they are paying in full, they do have the rights to have the code but the interested individuals are paying like a monthly basis. Before the payment is made fully, I do have to protect my codes.

 

Any suggestions on this part?

 

 

You can "repackage" and sell oscommerce no problem, but you are required to also give the people who buy it the sourchcode and the right to further distribute it as they wish.

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Not be able to protect the code technically wise or lawfully wise?

 

Lawfully wise.. hence the GPL licence.

 

After doing a search online, to my dismay, I've seen many ecommerce solutions providers who 'repackage" oscommerce and sell it as independent software. The only changes they made are colors. How can it be possibly done?

 

There is nothing to stop them from doing this... if however they encrypted the source code they would be in violation of the gpl licence.

 

We may be looking at different viewpoints. If they are paying in full, they do have the rights to have the code but the interested individuals are paying like a monthly basis. Before the payment is made fully, I do have to protect my codes.

 

By protecting the code you are removing their right to redistribute which is given to them as part of the gpl licence.

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Just managed to read through the website and gain more understanding on the philosophy of oscommerce. We can sell but the buyers must retained the right to distribute it.

 

 

Ok, now.. on a sellers' stand, how can I protect myself before the payment is fully received in my situation?

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It depends upon the laws of your country. A document like the GPL cannot override the applicable laws of your land.

 

Thus, if you get them to sign a contract stating they will not distribute your files, then the cannot legally distribute. At least in the UK, this is true.

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Ok, now.. on a sellers' stand, how can I protect myself before the payment is fully received in my situation?

 

You can use an escrow service.

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NOTE: As of Oct 2006, I'm not as active in this forum as I used to be, but I still work with osC quite a bit.

If you have a question about any of my posts here, your best bet is to contact me though either Email or PM in my profile, and I'll be happy to help.

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It depends upon the laws of your country.  A document like the GPL cannot override the applicable laws of your land.

 

Thus, if you get them to sign a contract stating they will not distribute your files, then the cannot legally distribute.  At least in the UK, this is true.

 

This doesnt sound at all possible from a legal standpoint however I guess it would need a legal test case in the UK courts to prove it either way.

 

As I understand that by preventing the 3rd party from distributing the code by use of a non disclosure or the like would violate the licence as which you as a developer agreed to. Therefore making your right to modify and distribute the code invalid.

 

As I say I guess it will need a legal test case to prove the fact either way.

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