Upgrading a system - should source code come along?

[steff_dk]

My company is currently in the process of procuring an upgrade to an existing system.
The software was originally developed by a programmer employed by our company, who later on left the company, with the source code, and started his own company.
Now, we need to buy an upgraded version of the software from our former employee ...

How would you guys feel about a demand to see the source code, in order to evaluate how much has been changed/upgraded, in order to evaluate if the price they are asking is right?

I can't help but feeling just a little bit in the recieving end of some "manly love" paying for software we originally developed in house ... Any thoughts?

[jbennet]

asking him for a demo is probably about as far as youll get. Legally, you have no ground, but if he wants your money, he aught to co-operate. You could even put him to rest by saying that the people who would analyse the code could sign a partial non discolosure agreement or something

[hollystyles]

Legally, you have no ground

Are you sure?

If an employee creates a program as part of their job duties during contracted working hours in your employ YOU the employer own the Intellectual Property not the employee. When a freelance programmer creates some software for you THEY own the Intellectual Property by default *unless* it is explicitly stipulated in the contract that the payment for the work includes the Intellectual Property.

This is how I've always understood Copyright Law as a programmer, but feel free to correct me if I'm wrong anyone.

[steff_dk]

If an employee creates a program as part of their job duties during contracted working hours in your employ YOU the employer own the Intellectual Property not the employee.

Well, I tend to agree ... In fact, maybe the real question here is about the IPR, when the original code was on our company's time, and the upgrade was not ...

I will consider having a third party looking through it though.

Thx all ;-)