Hired Web design company sold me a 'customized' OSC site with all files encrytped!

[yihungkuo]

Hi All,

 

I hired a company (local here in Taiwan) to build a website for me, I was a rookie and never discussed about source code ownership and what website structure to use, it's also not listed in the contract. AFter I paid them and got the files, I found out that the entire site uses OSCOMMERCE 2003, though they claim it's 'heavily' modified, furthermore, they ZEND encrypted every single file and will NOT release the source code to me. They want to tie me to their ridiculously lousy and expensive service.

 

Can anyone help me with this? This should be illegal isn't it? What can be done to this company?

 

Thanks,

[spooks]

Is it heavily modified, or is it a template, the usual reason for having old code.

[MrPhil]

Unless Taiwan's contract (business) law is considerably different than it is here (U.S.), you're probably out of luck. If the contract you signed did not specify that all resulting code was owned by YOU and was to be turned over to you in such and such a format, I don't know what recourse you have. If you just signed a contract that said, "make me a website that includes a store", and they delivered something that does that, it sounds like they fulfilled their end of the legal deal. If they choose to screw their customers by locking them into expensive service, you will simply have to either put up with it and eat the costs, or cut your losses and drop them. I'm sorry to hear you got taken, but hopefully you've learned something from the experience. I suppose you can refuse to deal with them ever again, and advise friends not to use them, but be careful about mounting a campaign against them (on blogs, etc.). At some point, the courts may see that as libel or interference in their business, and slap you hard.

[yihungkuo]

Unless Taiwan's contract (business) law is considerably different than it is here (U.S.), you're probably out of luck. If the contract you signed did not specify that all resulting code was owned by YOU and was to be turned over to you in such and such a format, I don't know what recourse you have. If you just signed a contract that said, "make me a website that includes a store", and they delivered something that does that, it sounds like they fulfilled their end of the legal deal. If they choose to screw their customers by locking them into expensive service, you will simply have to either put up with it and eat the costs, or cut your losses and drop them. I'm sorry to hear you got taken, but hopefully you've learned something from the experience. I suppose you can refuse to deal with them ever again, and advise friends not to use them, but be careful about mounting a campaign against them (on blogs, etc.). At some point, the courts may see that as libel or interference in their business, and slap you hard.

 

I would not start a campaign against them, I have got enough on my hands and I don't need this.... But I'm curious, isn't GNU requiring all sourcecode to be released? This is specified in the license and OSC has the right to have the company release the codes?

[yihungkuo]

Is it heavily modified, or is it a template, the usual reason for having old code.

I would think it's a template that add on to whatever customized features I requested.

[yihungkuo]

I would think it's a template that add on to whatever customized features I requested.

 

This is from the license:

----------------------------------------------------

This license, the Lesser General Public License, applies to some

specially designated software packages--typically libraries--of the

Free Software Foundation and other authors who decide to use it. You

can use it too, but we suggest you first think carefully about whether

this license or the ordinary General Public License is the better

strategy to use in any particular case, based on the explanations below.

 

When we speak of free software, we are referring to freedom of use,

not price. Our General Public Licenses are designed to make sure that

you have the freedom to distribute copies of free software (and charge

for this service if you wish); that you receive source code or can get

it if you want it; that you can change the software and use pieces of

it in new free programs; and that you are informed that you can do

these things.

 

To protect your rights, we need to make restrictions that forbid

distributors to deny you these rights or to ask you to surrender these

rights. These restrictions translate to certain responsibilities for

you if you distribute copies of the library or if you modify it.

 

For example, if you distribute copies of the library, whether gratis

or for a fee, you must give the recipients all the rights that we gave

you. You must make sure that they, too, receive or can get the source

code. If you link other code with the library, you must provide

complete object files to the recipients, so that they can relink them

with the library after making changes to the library and recompiling

it. And you must show them these terms so they know their rights.

---------------------------

 

doesnt this give me right to the source code?

 

They even encrypt FCKeditor which looks like a complete original template.

[Hotclutch]

The changes they made to the basic oscommerce package would not be open source, and they would not be obligated to give you any changes they made.