Who Owns Your Source Code?

Lets Define Source Code:

Source code is the original work created by a software developer. Programmers use different programming languages to create source code, but all programming languages are readable by humans. . Source code is the mold that developers use to write business applications. It’s the recipe that computers follow to build working business applications.

Example 1:

When you buy a Big Mac or Whopper, you’re not buying the recipe—only the product created from the recipe. Similarly, when you buy an off-the-shelf application like QuickBooks or Microsoft Word, you’re not buying the source code— but merely a copy of the compiled application.

Example 2:

Your company commissions a sculptor to create a unique cast bronze sculpture for your building. You love his work, and gladly pay the final installment of his commission. Months later you discover thousands of exact replicas for sale on the internet. When you contact the sculptor, he explains that your agreement allows him to do whatever he wants with the molds. Suddenly your unique sculpture is no longer one-of-a-kind.

Before purchasing custom software, find out what exactly you’re buying—the compiled application, the source code, or both? I have run into this many times in my career. I have made it standard to tell people right up front that source code is not included. I mean why would I? We are just concerned about our intellectual property as you are. Why would we give another developer our tools we spent years programming. Just a thought.

When you hire a developer to create custom software for your company, you automatically own the source code, right? Not necessarily. Software developers often have differing policies and price structures when selling their services. Some include source code in their pricing. Some don’t. Still others claim to include the source code that’s specific to your application—but don’t necessarily give you everything you need to move on to another developer. It’s not unusual for our customers to discover that they really don’t own all the source code they need to compile a new binary file.

From this programmer’s perspective the client only paid for the custom-painted doors and trim, but not the engine. The only engine that will work is the one he’s built—and he won’t give it to anybody.

The End Result:

Make sure you ask if source code is included. The "custom software" your buying from other sources are sometimes just the compiled version of the software and you are not entitled to the source code. Im positive if you have spent 1000's on a developer to discover you don't own the source then you probably went with the lowest bid thinking it was all include. Id say its normally not. When you buy source your buying years of that developers life into your application and he or she usually wont give that up so cheaply. I doubt you would either.