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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?
performed by over 100 developers in a former Soviet Republic
In soviet russia.... software owns YOU!
Oh man, any possibly useful answers to this interesting question are going to get buried by all the IANAL geeks willing to impart their pseudo-wisdom.
So how about this...if you ain't a lawyer or don't have accurate experience with the legal aspects of this sort of situation, post your IANAL comments under this thread!
Wait to see what happens to SCO and you'll know the answer.
there's no place like ~
Disclaimer, this could be totally wrong but AFAIK:
If a company goes bankrupt then the liquidators that are called in would basically sell off all the companies assests in order to pay back anyone the company owes money too.
If the company went into volantary liquidation and there are no outstanding debts then anything left over is split between the shareholders. It depends if the code was actually accounted for as an asset whilst the company was being liquidated. If it was n't and you go on to make money off this code then you could end up being sued.
You owe $5.00 for every day you've had those CDs.
"It's a great deal of well commented and well written code, performed by over 100 developers in a former Soviet Republic"
in soviet russia the source code owns you!
I can't believe that no one has posted this yet (I don't think)... In soviet russia, the code owns you!