Software Abandonment

SFDonovan

I need some advice. I along with several people who run gaming sites purchased a "Game Management System" (GSM). The GSM are PHP scripts for running ladders and leagues.

The GSM we bought was released as version 1.0 and soon after we got version 1.1

There were still bugs that existed and many promises were made, but were never fufilled. The developer attempted to sell the GSM to a third party, and said "If the sale does not go thru then I will release it open source". This never happend and we waited months for some resolution. Finally this guy comes back onto his support forums which sat empty with no answers to our many questions and he says "I have release 2.0 ready to go and will release it on Monday"

You should have read the responses on the forums.... FINALLY!!!

The day he was suposed to upload he said he was hacked and lost his entire webserver including all copies of the GSM

:rolleyes: :rolleyes:

No word for months.

Now he has a new presence (domian) on the web and has left the GSM behind him and started new with something else leaving us all behind. When we ask him about the system he freeks out and starts to scream about libel and he will take us to court...blah blah.

I feel we are getting screwed.

The GSM we paid for had PHPNuke, PostNuke, e107, and vb versions. Now he says former owners of his old script can get his new one for free.

The one we own is encrypted with ioncube and has an embedded license that will cease to function when he takes his licenes server offline.

He will do so in a few short months leaving all those who still run his old GSM out to dry. I along with several others feel like dumping this as it, and he, has been a pain in the ass for far too long.

He has stated several times :

There is no more ... this will not be repeated.. when my site was hacked and my computer was hacked I lost all code.. it's that simple..

Once the new system is released the license's will be dropped meaning that if you are running the old system you will have to use the new one instead.

Is this guy abandoning this code? How could I prove this? I can pay someone I know who purchased it unencrypted. I can then have an unencrypted and unlicensed version of his old code. I could then fix the bugs and do some enhancements.

vaaaska

How much did you pay for it?

Weedpacket

when my site was hacked and my computer was hacked I lost all code..

I don't know what to say about this. The guy's never heard the magic word? Anyhow, it sounds like he hasn't got any code left to abandon.

On the one hand, I'm curious as to what the licenses that were paid for actually said (e.g., about whether it would continue to function).

On the other hand (at least in my jurisdiction) consumer law requires repair/replacement guarantees for the "expected lifetime" of the product - where "expected" is taken to be mean over the general consumer population. What is the "expected lifetime" of a management software application...?

On the gripping hand ... he does sound like the sort of person that it would be nice to terminate further relationships with.

SFDonovan

I paid $80 for it. What I would like to do is get some sort of legal advice that tells me that abandoned "code" is fair game for me to take possesion and release open source myself. That is what he promised.

It would have been very easy for him to just ask those he sold the unencrypted version to for a copy. Those people paid over $500 for an unencrypted version.

ahundiak

The "lost all my code" of course is just pure bs.

What did the user agreement say when you bought it? Did it promise support? If not then I don't think there is much you can do. And just because a product is abandonend does not mean it belongs to the public.

Depending on how much his scripts actually do I would just clone their functionality. It's usually pretty easy to copy a design.

vaaaska

"If the sale does not go thru then I will release it open source"

Is that all you got on him?

Seriously, have you ever written and/or maintained an open source product? It ain't easy. Give the guy a break. The buyer beware does mean something.

$80 or $500 is nothing compared to what it would probably take to develop what he's done.

SFDonovan

The TOS was viewable when I logged into the client area on his site. I entered in my username and password and could see my license number. His site is gone and so is the TOS. I don't have a copy, and evidently neither does he.

vaaaska

Time to learn how to program.

SFDonovan

vaaaska wrote:
Is that all you got on him?

Seriously, have you ever written and/or maintained an open source product? It ain't easy. Give the guy a break. The buyer beware does mean something.

$80 or $500 is nothing compared to what it would probably take to develop what he's done.

"Seriously, have you ever written and/or maintained an open source product?"

Yes I have.

You don't know the history of this guy who screwed over probably close to 100 people. His threats against all those who complain about the customer support, lack of updates and bug fixes, his threats of libel, are all beyond what people see has good customer relations.

Now he washes his hands of it and says "its gone, get over it".

I for one and many other wont give him a break.

I have found some interesting information:

The right to make use of a copyrighted work can be acquired through an explicit contract or license with the author or publisher or through purchasing a lawful copy, which may provide a number of rights to the purchaser, as under the first-sale doctrine.

The doctrine of first sale allows the purchaser to transfer (i.e. sell or give away) a particular, lawfully made copy of the protected work without permission
once it has been obtained.

vaaaska

Then get your attorney...pony up more cash and go for it.

Weedpacket

The doctrine of first sale allows the purchaser to transfer (i.e. sell or give away) a particular, lawfully made copy of the protected work without permission once it has been obtained.

I'm guessing this is in reference to your contact who purchased an unencrypted copy. Sounds reasonable - but "transfer" does not mean "copy" - your contact would have to quit using it. But it sounds like you'd have plenty of material to make a convincing case that That Guy has already disowned the thing should he bring a "piracy" complaint against you.

Just curious: there's the $80, but do you stand to lose any more when your license goes tits-up?

SFDonovan

I stand to have my 1000 + users without a GSM that runs our ladder and league. My work on getting sponsors goes up in smoke. I would have to revert back to another GSM that is open source, however not as "good looking" as this one I purchased.

There is no import feature from one to the other so I would have to start over with a fresh install.

My contact has develped his own GSM and would discontinue using the unencrypted one he would sell me.