Software/Application Rights & Protection

[Mike]

Hypothetically -

"John Doe" has an idea for a unique application/software, but doesn't know how to code. "John" decides to outsource coding to a 3rd party and picks;
a; a programmer in the USA
b; a programmer in India
to code the application.

"John" pays the programmer for his work/code, the unique rights and obtains a statement that the programmer will not resell/redistribute or edit the code.
Now, the question arises, while "John" has taken all precautions to protect himself, how can one truly avoid seeing clones within a few weeks? (prime examples; youtube, digg, etc)

I'm probably looking for the impossible...

M.

 

[weblord]

if those 2 huge companies can't stop it, then it's impossible i guess is to have in house programmers and keep upgrading/updating the software product you have so it will be close to the cloned one.

 

[flamewalker]

You can't prevent it. People see your site and like it, there are plenty of shady characters out there that will attempt to create a cheap knockoff of your site for cheap.

It's also hard to verify the identity of the coder enough as it is in the US, nigh impossible overseas. Someone in the US is generally easier to track down than someone overseas... but it seems everyone is out there to make a quick buck so be careful.

 

[Mike]

It seems that the sad bottom line is to learn how to code and not rely on a business relationship with something as crucial as code.

M.

 

[flamewalker]

If you can find a reputable business that has been established and has developed a reputation, you are more likely to be ok, but you will pay more.

I would agree... best thing is to code it yourself if you can. Obviously that is often not possible. I would not recommend hiring a freelancer as there are too many scam artists out there, again unless they have a very good and long reputation, like some of the members on NP do. Even then you have to watch your 6.

Even if you find someone reputable and have a unique product, you may still find someone out there that will create an imitation of it (using their own coding skills or paying someone else to make it).

 

[labrocca]

b; a programmer in India

Big mistake as you have little to no recourse here for legal action. You're just SOL.

Programmers in USA have the law to answer to as well as civil court.

It seems that the sad bottom line is to learn how to code and not rely on a business relationship with something as crucial as code.

That's the conclusion I came to years ago as well. I am forced to design, code, and sys admin all by myself. It's more work but more satisfying and I don't rely on anyone. It's comforting.

 

[Keral_Patel]

You can choose a programmer who is a good programmer and good programmer with good ethics don't do things like this.

Other thing is that if there is an experienced programmer out there and if he gets a funding from other company to clone your website. He can clone it even if he has not seen your source code.

So there are 2 steps.
1) Get good programmer who is reliable.
2) Get your idea patented if it can be patented. So other people cannot clone it.

If your idea is not falling into that region where it can be patented then you have to trust your programmer and tell him to make it as good as possible.

Most of the part time, low ball programmers will not even think of cloning a great website with great and lots of features. The amount of work they would see ahead of them will break their morale.

 

[holyroller]

So there are 2 steps.
1) Get good programmer who is reliable.
2) Get your idea patented if it can be patented. So other people cannot clone it.

With a patent, you have to be careful not to discuss you idea with anyone, and if you do you need to make sure they sign a confidentiallity thing. If you don't, then the idea comes into the public domain and basically anyone else can use it. Once the patent has been submitted, you can then say patent pending, etc.. and that gives you some protection.

Reliability and Ethics is a big thing though, a decent/ethical programmer would not steal or clone your idea, to some, reputation is more important than making a quick buck.