First, a brief explanation of why this has happened. I purchased, what
I thought, was a fully functional program written in Access last year
from a local programmer. This program was to be used as my POS for an
online DVD store. It turns out that what the programmer actually gave
me was a "license" to use his software. This was not the agreement we
made, and he knows this. He took advantage of the fact that I knew
very little about software, and led me to believe that I owned the
program.
About 4 months ago, when logging in to my database, a message popped
up saying to call the programmer for an update. I called and he have
me a 7 digit number to enter when this message pops up. I entered it
and got in. This message popped up again about a month ago and I
entered the same number, which got me into the database. This message
popped up again a week ago. I entered the same number, but this time
another message popped up, saying "err 4", and I was denied access to
my database.
My programmer and I are in the middle of a billing dispute over an
update he did for my program which didn't work. I called him about
this err 4 message, and this is when he told me that I actually only
have a license to use his program. He went on to say that until I pay
for the update mentioned earlier, he would not grant me access into my
database. I checked all of my past invoices from him, and none of them
mention anything about my purchasing a license. The first invoice I
paid, which was when I paid for the program, is billed as being for
the database and training. I pointed this out to him, and he says that
he never charged me for the license. The fact is that he never charged
me for a license because that was never part of our agreement.
I do not see an agreement between he and I any time in the near
future. I am locked out of a database which I have been entering my
stock in for almost a year. This is putting a massive strain on my
business.
I know very little about programming, actually nothing. I have
attempted to recover the database through a couple of programs. The
closest I have come was through a trial version of a program called
Nuclear Kernel Access. I don't really understand the program, but when
I open the database, I can see my database information (inventory,
users, etc).
If anyone out there could help me with this dilemma, I would greatly
appreciate it. Thanks, in advance.
chase
May 12 '07
15  4112 
"Albert D. Kallal" <Pl************ *******@msn.com wrote in
news:B1O1i.1810 43$DE1.54130@pd 7urf2no:
Did you hire a developer to build you a system, or did you
purchase a existing system from him? Really that is all we need to
know.
Not even that. The issue is whether the coding was "work for hire"
or not. And there has to be a contract explicitly stating that it's
"work for hire" or, alternatively, that the ultimate rights to the
code belong to the purchaser.
As long as it's an outside contractor doing the coding, it's not
"work for hire," which is the only way that it could become the
property of the purchaser without an explicit granting of code
rights.
--
David W. Fenton http://www.dfenton.com/
usenet at dfenton dot com http://www.dfenton.com/DFA/
"Albert D. Kallal" <Pl************ *******@msn.com wrote in
news:B1O1i.1810 43$DE1.54130@pd 7urf2no:
If you hired that developer, and started from scratch, and it was
your designs then you can certainly make a case that you own the
software. This is not different then any company that hires
someone to build them a table...it your table, and the designs are
also your.
Legally, it's considered *COMPLETELY* different.
The outside contractor holds the copyright on the code *because* she
wrote it, and can only transfer it to another entity by explicitly
stating that the rights are being transferred.
The only case in which the code would automatically be owned by the
purchaser would be if the programmer were hired as a full-time
employee, working full-time for the purchaser and only for the
purchaser, and with the purchaser paying taxes and benefits for the
programmer. In that scenario, it's definitely "work for hire" and
the purchaser has the full rights to the programmer's work product.
Absent that, and absent an agreement stating either that the
programming is "work for hire" or an agreement stating that the
purchaser will get the full code rights, the full rights to the code
BY DEFAULT belong to the programmer.
Period.
It doesn't make any difference if the code was written from scratch
for the particular client.
--
David W. Fenton http://www.dfenton.com/
usenet at dfenton dot com http://www.dfenton.com/DFA/
OK, what everyone is saying regarding my not owning the program makes
sense.
Most of you also state that my programmer has no right to hold my data
in the program hostage, since I created the inventory. Any advise on
how I should handle this situation. As it stands, I am locked out of
my database due to a billing conflict which I do not see being
resolved anytime soon. If the programmer has no right to lock me out
of my database, how should I approach this from here?
Thanks.
On Mon, 14 May 2007 10:11:42 -0500, "David W. Fenton"
<XX*******@dfen ton.com.invalid wrote:
>"Albert D. Kallal" <Pl************ *******@msn.com wrote in
news:B1O1i.181 043$DE1.54130@p d7urf2no:
>If you hired that developer, and started from scratch, and it was
your designs then you can certainly make a case that you own the
software. This is not different then any company that hires
someone to build them a table...it your table, and the designs are
also your.
Legally, it's considered *COMPLETELY* different.
The outside contractor holds the copyright on the code *because* she
wrote it, and can only transfer it to another entity by explicitly
stating that the rights are being transferred.
The only case in which the code would automatically be owned by the
purchaser would be if the programmer were hired as a full-time
employee, working full-time for the purchaser and only for the
purchaser, and with the purchaser paying taxes and benefits for the
programmer. In that scenario, it's definitely "work for hire" and
the purchaser has the full rights to the programmer's work product.
Absent that, and absent an agreement stating either that the
programming is "work for hire" or an agreement stating that the
purchaser will get the full code rights, the full rights to the code
BY DEFAULT belong to the programmer.
Period.
It doesn't make any difference if the code was written from scratch
for the particular client.
chaseexchange <ch***********@ yahoooooo.comwr ote in
news:uq******** *************** *********@4ax.c om:
Most of you also state that my programmer has no right to hold my
data in the program hostage, since I created the inventory. Any
advise on how I should handle this situation. As it stands, I am
locked out of my database due to a billing conflict which I do not
see being resolved anytime soon. If the programmer has no right to
lock me out of my database, how should I approach this from here?
An intellectual property lawyer ought to be able to get your data
released with one of those $200 nasty letters they write threatening
further legal action. Of course, you need to be prepared to go
further with it if the idiot doesn't recognize that he's in trouble
for tying up your data.
--
David W. Fenton http://www.dfenton.com/
usenet at dfenton dot com http://www.dfenton.com/DFA/
On Mon, 14 May 2007 19:53:14 -0500, "David W. Fenton"
<XX*******@dfen ton.com.invalid wrote:
I'm not sure I agree. I'm thinking chaseexchange may not be locked out
of the data at all: perhaps this is a split database, with a .mde
front-end (this is the application part) and a .mdb back-end (this is
the database part). He should search for .mdb files on his computer,
then open them with MsAccess, and voila, there is the data.
That's why I suggested that if this is indeed the case, a competent
developer could write a provisional application in a few days so he
can limp along again.
By the way, not every company works with "licensed" software like most
of you do. For example the company I work for has a different
approach: once all the bills are paid, the source code is yours.
Comparing your custom solutions with MsOffice products is not really
apples to apples, I think (but do not want to start a flame war).
-Tom.
>chaseexchang e <ch***********@ yahoooooo.comwr ote in
news:uq******* *************** **********@4ax. com:
>Most of you also state that my programmer has no right to hold my
data in the program hostage, since I created the inventory. Any
advise on how I should handle this situation. As it stands, I am
locked out of my database due to a billing conflict which I do not
see being resolved anytime soon. If the programmer has no right to
lock me out of my database, how should I approach this from here?
An intellectual property lawyer ought to be able to get your data
released with one of those $200 nasty letters they write threatening
further legal action. Of course, you need to be prepared to go
further with it if the idiot doesn't recognize that he's in trouble
for tying up your data.
Is your database requite you log on, and is it split into two parts?
Can you open the back end mdb direct?
(or, create a blank database, and import the data????).
Try a few of the above..it very possible your data is still open and
importable by you...
--
Albert D. Kallal (Access MVP)
Edmonton, Alberta Canada pl************* ****@msn.com This thread has been closed and replies have been disabled. Please start a new discussion. Similar topics | |
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