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Who Owns Source Code When a Company Folds?
pipeb0mb asks: "A few years ago, I worked for Chilliware, Inc. as the 'Technical Development Manager'. Some of you may remember us for the software iceSculptor, Mohawk and Mentor. Chilliware folded rather quickly and harshly back in May of 2001 due to money issues. Within days of the first layoff, everyone was gone, from the CEO and VP's to the receptionist. Now, years later, I've been digging through some old CDs, and am reminded that I still have the final production source code for the products we released in the retail channel. I've attempted to contact several folks over the past couple of years to gather information about the software and who owns it now. To no avail though. Either I get an 'I don't know' or 'No one' from the dis-interested parties. I feel like these programs are my children that never got a fair shot. I hate to see so much work wasted and lost to the ages. So, Slashdot: What do I do with this source code? It's a great deal of well commented and well written code, performed by over 100 developers in a former Soviet Republic (who formerly worked with Boomerang Software). Where do my binary children go now?" As things are now, if a company folds, the code is buried and forgotten unless someone buys the rights to it, before the source code is lost. This issue was discussed a long time ago and there didn't seem to be much in the way of answers. Have 3 years made any difference?
I would imagine SCO have already registered a Copyright and will be contacting you shortly to save you from unwittingly using someone elses intellectual property. Either that or the creditors.
I do.
I will license it to you for 699 dollars.
I don't need no instructions to know how to rock!!!!
Post it online, wait to get sued.
It's a great deal of well commented and well written code, performed by over 100 developers in a former Soviet Republic ...
Well, we all know that in Soviet Russia, source code owns YOU. So maybe you should ask IT.
Tuus crepidae innexilis sunt.
Flip a coin
heads = SCO
tails = Microsoft
"Where do my binary children go now?"
Either Binary District Elementary or Binary Memorial High School.
"This code belongs to SCO!"
-- the SCO Minster of FUD
What do I do with this source code? It's a great deal of well commented and well written code
Well written AND well commented? Put it in a museum, dude!
their assets were bought by someone, if the software was any good that is.
And if not, the code just goes into public domain.
Cool! Looks like we all are going to have a copy of SCO source code in a year!
-- Knowing too much can get you killed, but knowing who knows too much can make you rich.
He didn't say it was Linux code.
Infuriate left and right
That's a good question. WHO will own Linux when SCO folds over the next year??
You're thinking of another company that siezes to exist. Chilliware has merely ceased to exist.
My next sig will be ready soon, but subscribers can beat the rush
Dah. That was easy. Ask me another question.
Xfce: Lighter than some, heavier than others. Just right.
Then, if you do anything of value with it, worst case scenario is they sue you, you settle, everyone's happy.
Please tell me you've never done any Linux development for IBM.
Well, from this line...
"Some of you may remember us for the software iceSculptor, Mohawk and Mentor."
I'd say Troy McClure owns it.
There are 01 kinds of cars in the world. The General Lee, and everything else.
Yes, do that. Search the records, see if it was auctioned off, if anyone bought it, what exactly happened to the company in a legal sense. Bankruptcy? If so then you need to read through the bankruptcy judgement. If you're smart and keep it low profile you can probably acquire the rights real cheap.
Of course posting to slashdot might not be the best start on keeping a low profile.
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Friends don't let friends enable ecmascript.
The copyright will expire eventually.
Just wait 70 years after everyone dies and you're home free.
You are in a maze of twisty little passages, all alike.
/. is not the place to go for legal advice. A lawyer is. If you listen to /. you're gonna be following the advice of people who are just talking out of their ass and get in trouble.
/.s:
I can see future Ask
I got charged with DUI. What do i do?
I got arrested for murder. How can i get off without having to pay for an expensive defense?
I plan to rob a bank. Any tips?
"There is no code!" -- the Iraqi Minister of Information
503 Sig Unavailable
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Software sucks. Open Source sucks less.
I've worked for several sucessful software companies. I just take their code, anonymize it by changing names, etc. then create a sf.net account through a variety of psuedonyms and publish it under the GPL.
Next fork it through freshmeat and a couple of public repositories...it's pretty hard to track.
OpenOffice? That was me. I took the source from an old release of Microsoft office and the rest is history.
Eclipse? Yep, me too. Started off as VCP++ 3.3
CVS? That was my first. I was paranoid, so I just started with the guts of an old version of Visual SourceSafe.
GNU C compiler? Funny story, it all started when Gates left an old eight inch floppy on his desk, hand-written label "Microsoft Basic 1.0".
Sorry, gotta go. The groupies are here so it's time to smoke a bag and play some old stones tunes before the orgy.
It is presumed that the coded is gone. As in tossed in the trash, right. So do it.
Here. 33N 38' 8" by 117W 56' 28" in back, on friday 8th of August at 11:00 pm. in a brown paper bag...
Now you have tossed it in the trash. I'll come pick it up and do a back alley GPLing... All for only a pack of Camels and a Mt. Dew.
Contact me for details.
Well the first thing you do is not broadcast to the world that you have all this intellectual property.
:
...
If I had to guess, it goes something like this
1. Company goes belly up.
2. You find source code to a market ready product
3. DON'T BROADCAST TO THE WORLD VIA SLASHDOT THAT YOU HAVE IT.
4. Change it up a little, particularly change the name and some visual aspects of it.
5
6. Profit!
Glonoinha the MebiByte Slayer
1. Offer goose for code and post notice in town square.
2. Wait 30 days
3. If no one claims the code in that time you may keep the code and eat the goose.
I mean, who's kidding who here...
It's a great deal of well commented and well written code, performed by over 100 developers in a former Soviet Republic
There are 10 kinds of people in the world > > Those who understand binary and those who don't
1. Offer goose for code and post notice in town square.
2. Wait 30 days
3. If no one claims the code in that time you may keep the code and eat the goose.
Linus should tell this to SCO. Tell them their goose was waiting for them in '93, and now he has rights to their SysV stuff.
-Looking for a job as a materials chemist or multivariat
1 more good reason to move to Bra{z|s}il, folks. Like the supermodels and nude beaches wasn't quite enough. Hey, how's that currency though, these days? Stable? Probably more so than ours? Damn.
-Looking for a job as a materials chemist or multivariat
So what did you do when you were found with 40g of cocaine and a 12 year old prostitue in your car? My uh friend is in a similiar situation.
You call a priest, he will know.
An Education is the Font of All Liberty
copy the code and accidently leave it behind an the next local Linux User Group meeting. Shortly after that it might a anonymously posted to a newsgroup and from that poing, the creditors have to work really hard to protect their intellectual property and you are free to work on it in the meantime.
Accidents happen.
Put the code on an FTP server with anonymous access and place the address on SlashDot and an ad in the newspapers and ask them to come pick up their fucking code which you have been looking after for the last few years. Charge them rent on the hard drive space and cartage to take it away ;->
All those moments will be lost in time, like tears in rain.
Your hypothetical is severely flawed.
#1 It doesn't matter if you rang from a pay phone. MS is omnipresent and would be at your location before you hung up.
#2 You didn't actually have a right to pick up the briefcase in the first place. Since your hypothetical mentions removal of identification, you knew the briefcase wasn't yours. This act was theft and yes you have committed a crime, to answer your rhetorical. Though unlikely, you cannot assume the briefcase was not left there on purpose. You stole the briefcase and its contents regardless of what those contents are, where or when you found or lost them, or if you ever turned it in.
#3 You should always be careful crossing train tracks when drunk. You could lose an eye.
#4 MS could actually record your conversation since most US states only require one party to actually give consent. The party doing the recording counts as one party. How do you think all those prank calls get made and aired legally? And lets not forget, you probably left prints on the case since you were pissed when you picked it up. Now all they have to do is call every police station in your area, find the briefcase, prove ownership, play the call back for the cops, take prints from the case, compare to known prints (yours are certainly on file as a known drunkard), knock on your door, and arrest your silly arse. GG