Ask Slashdot: What To Do When Another Dev Steals Your Work and Adds Their Name? 480
An anonymous reader writes "I have had an interesting situation arise where I built some web apps for a client about 2 years ago. I have no longer been working with the client and a new developer has taken over purely for maintenance work. Currently I have been looking for new work and have used the said apps as part of my portfolio. During one interview I was informed that I not telling the truth about building the apps and I was then shown the source of a few JS files. It seems the new developer had put a copyright header on them, removed my name as the author and put his own. Now this is grey territory as it the client who owns the source, not the contracting developer. It put me on my back foot and I had to start explaining to interviewers that the developer stole the work and branded it. I feel it makes me look like a fool, having to defend my position in an interview with a possible client and I feel I had lost the chance of directing the outcome of the interview. I have cut the apps from my portfolio, however they are some of my best work and a real testament to my skills. I decided to cut my loss and move on, I am not looking for a fight or any unnecessary heartache. So what you do in my situation?"
Ah Slashdot: Reap what you sow (Score:0, Insightful)
Get a letter from your original client (Score:5, Insightful)
summarizing the work you did, and identifying you as the original author of the code.
This isn't hard. Yahoo career advice stuff.
Re:version control (Score:5, Insightful)
will not help with changing what already happened, but for the future put your work on github or some other similar service, keep the project private, then you can use that to prove precedence.
Contact your former client. (Score:5, Insightful)
...and inform them of the unethical behavior of the new developer, the situation it put you in and how shocked you were to find that they had deprived you of the opportunity to take credit for your work. Somebody at that company hired you and knows what truly happened. Hopefully that person is in a position to put the situation right and give you the credit you are due.
That said, relying on your code being still accessible after you have left it for a while is not a situation you want to be in. Your former clients can take that code down and replace it any time they want, with anything they want. You should have checked to see the status of that code yourself shortly before you tried to present it as an example of your work.
Re:Ah Slashdot: Reap what you sow (Score:5, Insightful)
Most of the people here don't give a rats about intellectual property unless they are ranting about how Hollywood and proprietary software's model is broken. When it's one of our own though, it's pitchforks and torches.
Have you considered that the people who argue the former aren't always the people who are upset by things such as this?
Smart move (Score:5, Insightful)
Smart move. Because that doesn't look like an admission of guilt at all.
Seriously, how difficult is it to prove that you were there before him?
Contact the original client (Score:5, Insightful)
Inform them of what's happened. Get them to send you a written & signed confirmation that you are the original author.
Re:Infidel defilers. (Score:2, Insightful)
Re:Contact your former client. (Score:5, Insightful)
...and inform them of the unethical behavior of the new developer, the situation it put you in and how shocked you were to find that they had deprived you of the opportunity to take credit for your work. Somebody at that company hired you and knows what truly happened. Hopefully that person is in a position to put the situation right and give you the credit you are due.
That said, relying on your code being still accessible after you have left it for a while is not a situation you want to be in. Your former clients can take that code down and replace it any time they want, with anything they want. You should have checked to see the status of that code yourself shortly before you tried to present it as an example of your work.
I agree with most of what you said and I would add that I would explain to the client that the actions of their new developer have put them in an actionable (take you to court) position as well as the new developer that is clearly in deep to the count of fraud and copyright violation. You need to speak with a copyright lawyer, pronto, to understand what your options actually are. I know you're not looking for a fight, but it seems one that's worth fighting has found you. As a developer the most important thing to you is your code. If someone is stealing that and claiming it as their own they are burying you if you don't fight. I assure you if the places were reversed you'd be hearing from a lawyer.
Source control history (Score:4, Insightful)
Pull the logs and other supporting information including client notes, change orders, SOWs, source code revision history, etc. and present it. . You can explain that it's a matter of principle that you're doing it because you value your good name. I think it's unlikely that you'll be retained by that company, but clearing it up may give the thief a bit of heat.
It has happened to me while working at UPS. One of the admins there stole my training guides and put his name on them.
It's no longer your problem (Score:5, Insightful)
The code you developed for your client was most likely never yours to begin with. Despite well-meaning suggestions made here, you really have no right to go back to the client and demand anything. Present the code as your own to prospective clients, explain the situation, and leave it at that.
We all have fantasies of getting back at assholes like the one you described, but in the real world, you just need to take the high road and let it go. From the description you gave, it sounds like you're new to the game. Focus your creative energies on your work, not on vengeance. Your integrity and professionalism will remain intact, which is much more important than striking back at some perceived slight.
Re:Ah Slashdot: Reap what you sow (Score:5, Insightful)
Yeah, because when I download a movie, I replace all of the credits with my name and try to pass off to potential employers that I was wholly responsible for the film. Unless it's an Abrams film... he can keep those.
Re:Ah Slashdot: Reap what you sow (Score:5, Insightful)
I cannot remember anyone claiming that artist should not be credited. There have been arguments that you should be allowed to copy their stuff for free, but I've never ever seen anyone claiming that you should be allowed to claim you had written that stuff if you haven't.
Or in short: There's a difference between copying and plagiarism.
What the submitter complains about is plagiarism, not copying. From his submission, there's no indication about how he thinks about copying.
Re:version control (Score:3, Insightful)
Don't put it in a public repo, that's likely to seriously piss off the client. Instead, do the work in a local git repo on your machine (committing from there to your client's repo, if they use one) so you can show the whole development process. When the project is complete, burn a copy of the repo to cd and get it notarised, or maybe use a CA's time-stamping service on the repo file.
Re:Ah Slashdot: Reap what you sow (Score:5, Insightful)
Information, when copied at one's own cost, does not take that information away from the original owner. Credit, when taken, is taken away from the original owner. Your notion of intellectual property falls on its ass when you try to to equate it to material goods. Credit, however, maintains the same basic rules as physical property: Claiming it for yourself, even at your own cost, does take it away from the original owner.
Turn a negative into a positive (Score:5, Insightful)
Re:Contact your former client. (Score:5, Insightful)
If you parted ways with your former employer on good terms, just call them and ask they they would mind giving you a nice written reference, specifically mentioning your contribution to that software.
Re:Contact your former client. (Score:5, Insightful)
No, that's not how "work for hire" works. If he was an *employee* of the company, it would apply. If he was an independent contractor, however, he would retain the copyright unless the contract explicitly transfers copyright to his client, explicitly states that it's a work for hire, or is a contribution to an existing project that the company already holds the copyright on. See 17 USC 101 [cornell.edu] for details.
Not a lawyer, not legal advice, etc., but have been doing contract development for more than a couple of years.
Re:version control (Score:5, Insightful)
The server itself is still public and it isn't your code to commit. You are being paid, generally, to create code for someone else; thus it is their code. This means that you are putting the code on an outside host of unknown security, and is still wrong.
Re:version control (Score:5, Insightful)
agree: this is about credit, not copyright (Score:5, Insightful)
Agree: this is more about credit than about copyright.
If you had built a bridge for your city, you should be able to list that as one of your accomplishments. It does not mean that you can walk off with the bridge. At the same time, you'd be perfectly justified in getting pissed off if someone else said that it was they, not you, who had built it.
Re:Contact your former client. (Score:4, Insightful)
Re:Ah Slashdot: Reap what you sow (Score:5, Insightful)
Even then: there is a difference between "ownership" or "intellectual property" (what many here dismiss) and getting credit where it is due (this case).
It's like in science: scientists (many /. posters among them btw) don't care about who copies their work, as long as their name is in the history books. Most free/open source software: the same story.
Re:Contact your former client. (Score:5, Insightful)
If copyright law is anything like patent law
It's quite different. Copyright can be assigned to the author or to the payer in full ownership - depends on how the contract is written. In many places, if it's not otherwise described in the contract as a work-for-hire, then the copyright stays with the author. Employment contracts can have something to say about it as well.
The OP doesn't tell us how his contract is structured, so there's not too much we can say about it specifically. That means we can only really offer advice on how to ask nicely, which is always the preferable method anyway.
It also reminds me that we might want to get some testimonials now from clients who were happy with work we've done in the past. I've met some of these jagoff developers of the type the OP has encountered. In my ethics, every contributors' name stays on the project forever, even if his code has been rewritten because it was that old code that got you to the place you are now in the first place. Attribution begets reputation, which is essential for a well-functioning society.
Oh, one last thing OP - if the new people you're talking to are the type who won't believe you that you've done the project and are showing you .js source to "prove" that you're not being honest - run away. Fast. They're going to fuck you on the payment for the project as well. Take a job via a word-of-mouth reference.
Re:version control (Score:4, Insightful)
Show that it's your code, and get the new job. (Score:4, Insightful)
Re:Contact your former client. (Score:5, Insightful)
...explain to the client that the actions of their new developer have put them in an actionable (take you to court) position
I would avoid any hint of an adversarial position between you and the company unless one already exists. Instead, see if you can get a reference that includes a statement that you developed the code in question.
Re:Ah Slashdot: Reap what you sow (Score:5, Insightful)