Who Owns Source Code When a Company Folds?

Who Owns Source Code When a Company Folds? 490

Posted by Cliff on Tuesday August 05, 2003 @04:58PM from the tough-questions-with-little-in-the-way-of-answers dept.

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?

Who Owns Source Code When a Company Folds?

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You don't (Score:3, Funny)

by tarquin_fim_bim ( 649994 ) * writes: on Tuesday August 05, 2003 @05:00PM (#6619769)

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.

Who owns the code? (Score:5, Funny)

by stratjakt ( 596332 ) writes: on Tuesday August 05, 2003 @05:01PM (#6619788) Journal

I do.

I will license it to you for 699 dollars.

How to find out who owns the code. (Score:5, Funny)

by pclinger ( 114364 ) writes: on Tuesday August 05, 2003 @05:01PM (#6619791) Homepage Journal

Post it online, wait to get sued.

It has to be said ... (Score:5, Funny)

by Greedo ( 304385 ) writes: on Tuesday August 05, 2003 @05:01PM (#6619794) Homepage Journal

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.

Who owns the source code? (Score:4, Funny)

by oZZoZZ ( 627043 ) writes: on Tuesday August 05, 2003 @05:02PM (#6619806)

Flip a coin

heads = SCO
tails = Microsoft

school (Score:4, Funny)

by zumbojo ( 615389 ) writes: on Tuesday August 05, 2003 @05:02PM (#6619809) Homepage

"Where do my binary children go now?"

Either Binary District Elementary or Binary Memorial High School.

Re:How to find out who owns the code. (Score:3, Funny)

by Anonymous Coward writes: on Tuesday August 05, 2003 @05:07PM (#6619879)

Better yet:
Post it online in co-workers name, wait until co-worker get sued.

Re:Lawyers (Score:5, Funny)

by Anonymous Coward writes: on Tuesday August 05, 2003 @05:07PM (#6619884)

"This code belongs to SCO!"
-- the SCO Minster of FUD

Well written AND well commented? (Score:5, Funny)

by Anonymous Coward writes: on Tuesday August 05, 2003 @05:13PM (#6619963)

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!

Re:Were their assets bought? (Score:3, Funny)

by TheViffer ( 128272 ) writes: on Tuesday August 05, 2003 @05:13PM (#6619967)

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!

Go away, Darl (Score:4, Funny)

by A nonymous Coward ( 7548 ) * writes: on Tuesday August 05, 2003 @05:19PM (#6620033)

He didn't say it was Linux code.

Re:creditors and dead code (Score:4, Funny)

by micromoog ( 206608 ) writes: on Tuesday August 05, 2003 @05:20PM (#6620041)
- 4. Just go ahead and give the code to SCO, since they own it anyway and have all along.
SCO (Score:1, Funny)

by Natchswing ( 588534 ) writes: on Tuesday August 05, 2003 @05:24PM (#6620081)

That's a good question. WHO will own Linux when SCO folds over the next year??

Re:ask the owners (Score:5, Funny)

by Vainglorious Coward ( 267452 ) writes: on Tuesday August 05, 2003 @05:31PM (#6620142) Journal

a company seizes to exist

You're thinking of another company [sco.com] that siezes to exist. Chilliware has merely ceased to exist.

SCO owns it. (Score:2, Funny)

by theBunkinator ( 204351 ) writes: on Tuesday August 05, 2003 @05:31PM (#6620144)

Dah. That was easy. Ask me another question.

Re:You will need to check the BK court records (Score:3, Funny)

by kelnos ( 564113 ) writes: <bjt23@nOSpam.cornell.edu> on Tuesday August 05, 2003 @05:33PM (#6620172) Homepage

When a company goes BK...

all i can think of while reading this: "when a company goes to burger king..."

Re:creditors and dead code (Score:5, Funny)

by Ingolfke ( 515826 ) writes: on Tuesday August 05, 2003 @05:33PM (#6620178) Journal

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.

I'd say it's.. (Score:5, Funny)

by El_Smack ( 267329 ) writes: on Tuesday August 05, 2003 @05:36PM (#6620205)

Well, from this line...
"Some of you may remember us for the software iceSculptor, Mohawk and Mentor."
I'd say Troy McClure owns it.

Re:I would release it (Score:3, Funny)

by Arker ( 91948 ) writes: on Tuesday August 05, 2003 @05:36PM (#6620210) Homepage

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.

A little time will help... (Score:4, Funny)

by ConceptJunkie ( 24823 ) writes: on Tuesday August 05, 2003 @05:41PM (#6620252) Homepage Journal

The copyright will expire eventually.

Just wait 70 years after everyone dies and you're home free.

News for nerds, not lawyers (Score:5, Funny)

by Unregistered ( 584479 ) writes: on Tuesday August 05, 2003 @05:45PM (#6620290)

/. 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.

I can see future Ask /.s:
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?

Re:Lawyers (Score:1, Funny)

by Luigi30 ( 656867 ) writes: on Tuesday August 05, 2003 @05:46PM (#6620297)

"There is no code!" -- the Iraqi Minister of Information

Re: Ask a Lawyer (Score:5, Funny)

by booch ( 4157 ) writes: <slashdot2010@NOSpam.craigbuchek.com> on Tuesday August 05, 2003 @05:51PM (#6620359) Homepage
OK, we really need a new acronym here. IANAL is good, but we really need something better. Here are some ideas:
- AAL - Ask a lawyer
- OAACPLA - Only an attorney can provide legal advice
- TISDWWK - This is Slashdot; we wouldn't know
- DYALTFYC? - Do you ask lawyers to fix your computer?
- RAM:IWNASDFLA - Repeat afer me: I will not ask Slashdot for legal advice
Just do what I do. (Score:1, Funny)

by Anonymous Coward writes: on Tuesday August 05, 2003 @05:53PM (#6620367)

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.

4. A better idea (Score:5, Funny)

by Lord Prox ( 521892 ) writes: on Tuesday August 05, 2003 @06:33PM (#6620776) Homepage

It is presumed that the coded is gone. As in tossed in the trash, right. So do it.
Here. [mapquest.com] 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.

OP: The very first thing you do ... (Score:5, Funny)

by Glonoinha ( 587375 ) writes: on Tuesday August 05, 2003 @06:33PM (#6620777) Journal

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!

Re:News for nerds, not lawyers (Score:3, Funny)

by swordgeek ( 112599 ) writes: on Tuesday August 05, 2003 @06:35PM (#6620793) Journal

For gods' sake man, take some damned responsibility for your actions!

Get back there and finish the job!

Code ownership: common practise in Sweden (Score:5, Funny)

by truth_revealed ( 593493 ) writes: on Tuesday August 05, 2003 @06:45PM (#6620903)

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.

Have you heard the joke? (Score:2, Funny)

by JBG667 ( 690404 ) writes: on Tuesday August 05, 2003 @06:49PM (#6620944)

How can 100 russian developers keep the code secret?
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

Finland too? (Score:3, Funny)

by siskbc ( 598067 ) writes: on Tuesday August 05, 2003 @06:59PM (#6621053) Homepage

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.

Re:"Wills" (Score:2, Funny)

by siskbc ( 598067 ) writes: on Tuesday August 05, 2003 @07:24PM (#6621290) Homepage

in case of dissolution by bankruptcy, you are right. Here in Brasil, the preferred creditors are the employers (the value of their severance payments); second preferred is the Gov'ment :-). Then the others. Hehe.
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.

Re: Ask a Lawyer (Score:5, Funny)

by eht ( 8912 ) writes: on Tuesday August 05, 2003 @07:47PM (#6621468)

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.

Re: Ask a Lawyer (Score:2, Funny)

by linzeal ( 197905 ) writes: on Tuesday August 05, 2003 @08:12PM (#6621669) Journal

You call a priest, he will know.

simple solution (Score:3, Funny)

by Anonymous Coward writes: on Tuesday August 05, 2003 @10:30PM (#6622530)

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.

Re:You have to be kidding (Score:5, Funny)

by BlackHawk-666 ( 560896 ) writes: on Wednesday August 06, 2003 @05:00AM (#6623978)

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 ;->

Re:humbug (Score:2, Funny)

by Mike Hawk ( 687615 ) writes: on Wednesday August 06, 2003 @04:18PM (#6628171) Journal

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

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You don't (Score:3, Funny)

Who owns the code? (Score:5, Funny)

How to find out who owns the code. (Score:5, Funny)

It has to be said ... (Score:5, Funny)

Who owns the source code? (Score:4, Funny)

school (Score:4, Funny)

Re:How to find out who owns the code. (Score:3, Funny)

Re:Lawyers (Score:5, Funny)

Well written AND well commented? (Score:5, Funny)

Re:Were their assets bought? (Score:3, Funny)

Go away, Darl (Score:4, Funny)

Re:creditors and dead code (Score:4, Funny)

SCO (Score:1, Funny)

Re:ask the owners (Score:5, Funny)

SCO owns it. (Score:2, Funny)

Re:You will need to check the BK court records (Score:3, Funny)

Re:creditors and dead code (Score:5, Funny)

I'd say it's.. (Score:5, Funny)

Re:I would release it (Score:3, Funny)

A little time will help... (Score:4, Funny)

News for nerds, not lawyers (Score:5, Funny)

Re:Lawyers (Score:1, Funny)

Re: Ask a Lawyer (Score:5, Funny)

Just do what I do. (Score:1, Funny)

4. A better idea (Score:5, Funny)

OP: The very first thing you do ... (Score:5, Funny)

Re:News for nerds, not lawyers (Score:3, Funny)

Code ownership: common practise in Sweden (Score:5, Funny)

Have you heard the joke? (Score:2, Funny)

Finland too? (Score:3, Funny)

Re:"Wills" (Score:2, Funny)

Re: Ask a Lawyer (Score:5, Funny)

Re: Ask a Lawyer (Score:2, Funny)

simple solution (Score:3, Funny)

Re:You have to be kidding (Score:5, Funny)

Re:humbug (Score:2, Funny)

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