Sell a website, or sell source code?

[GHoosdum]

When providing a website for a customer, is it customary that the product the customer has paid for is the website you created, or the source code for that website?

We're having an issue where we created a website for a customer, and then another company wooed that customer away by offering integration with their account management system.

After the customer accepted that company's offer, the company simply took our existing source code, wrapped it in their crappy looking header/footer/menu, and called it their product.

We're not sure whether we have any right to bitch about this - did our customer buy the website we produced, or the source code (which would, I assume, allow the new company to use our code) - or would we have to specify that in advance?

[Shorty]

It depends on whether you agreed that the website code is yours. Technically, if you didn't.. then they can do what they like with it. I would personally license any code along with the website design and layout. That way, they can adjust the look & feel but not the code .. without breaking the EULA.

Unless you explicitely say "you don't own the code, you own the rights to use it and our implementation" .. you are sunk :(

[GHoosdum]

OK, thanks Dan.

I'm more irked that the company they hired to replace us used the code. If the customer had used it themselves, I wouldn't mind so much.

[Shorty]

Yep. As a developer, Id class that as bloody rude if you ask me!

What kind of agreement did you have with the client..? Was it granular enough to protect your source..? If not, you effectively gave them whatever work you did.. for them to do with.. and that means the code is not protected. Harsh :(

[GHoosdum]

The code is not protected. Our agreement was quite loose, because we've had extensive dealings with these folks in the past. Live and learn!

[lightnin]

that sucks man. contracts at past jobs usually were along the lines of 'you pay us to build what you agreed upon, if you want it changed you pay more. you pay for use of our servers, but if you want the code, you pay us for it as well. if you host on your own, you pay us for maintenance if you want it.'


note the heavy use of 'pay us'.



--edit

if you have no morals and ethics, study your code, find a back door and break stuff...... shhhhh... i didn't say that.... :ninja:

[NOTE I no way condone illegal computer activities and this post was fictitious entertainment, and in no way should it be considered advice.]