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Copyrighted codes use on the upwork coding project

Active Member
subodh n Member Since: Jul 27, 2020
1 of 12

We have hired a freelancer and they think taking copyrighted work and just removing copyright notice is enough to claim the clodes as their own. Currently I have filed a dispute but it seesm like we are being pushed towards arbitation despite of the facts that copyrighted codes are evident on the several places.

 

I have even included the screenshot comparision of the codes in our initial report. Now the freelancer agrees to settle down for 150 USD payment instead of original 350USD.

But my point is why shoudl I pay someone to copy the codes? Will I be doing justice to the original rights holder?? In some pages they may have done some work or stolen and adapted the codes, Is that really what I am after? No.

This step brings me close to thinking I am on a wrong hands. Shoudl we just ignore the payment overalll or release partial payment??

Hope someone can enlighten us. Thank you.

 

**Edited for community guidelines**

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Community Guru
Preston H Member Since: Nov 24, 2014
2 of 12

Subodh:
If you don't want to continue working with a particular freelancer, then you don't need to do so. You don't need Upwork to give you permission to stop working with somebody.

 

With regards to source code:
You may be unaware of the nuances and complexity associated with source code and copyright.

 

Just because a body of source code is copyrighted, it doesn't mean that somebody else can't use it.

 

Most source that is made publicly available WITH copyright notices IS intended for re-use.

 

If you don't want to work with a freelancer who uses source code that he himself did not create, that is a legitimate position. But it is not the only legitimate position. Did you state this preference in your original agreement?

If you did not, then it sounds like the freelancer is being generous to offer to settle for $150. You should accept the offer, close the contract, and then hire other freelancers, but stipulate from the beginning that you only want them to use original source code that they themselves create.

 

re: "In some pages they may have done some work or stolen and adapted the codes, Is that really what I am after? No."

 

That is not what YOU are after. But that is what many clients prefer.

If you contacted the copyright holder of the source code that the freelancer "stole", and pointed out what happened... What if the copyright holder (likely the original programmer) responded: "I am glad to hear about people using this code. That is why I posted it online."

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Active Member
subodh n Member Since: Jul 27, 2020
3 of 12

Dear Preston,

I didnt mention about copyright code sin the project description, however I have in several intsnce mentioned that they have to create their own codes,  You are right I am unaware of codes related copyright issues but I am pretty much aware about music copyright issues etc. And I will not accept if other people will use my music on their project without my notice.

I am not sure if someone would put a copyright notice and still allow others to us etheir codes, when they are running their own business out of the codes they created. Thsi will also mean, they have setup a new competitor out of their own codes. I will go ahead and contact the copyright holders now and see what they have to say.

Many thanks for yoru reply. 

Is ather any date to show many clients are after copyrighted codes etc?? Perhaps this is the stats I am not aware and it would be nice to learn from it. 

Thank you fro yoru replay anyways. 

 

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Active Member
subodh n Member Since: Jul 27, 2020
4 of 12

Please see teh reply from copyright holders,, they want people to learn but certainly not steal their codes.

 

**Edited for community guidelines**

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Active Member
subodh n Member Since: Jul 27, 2020
5 of 12

Also It is important to understand, we all want upwork to be a good platform to use and at the same time hold its reputation. If we allow coders copying and reusing copyrighted work, this eventually at some point will perhaps come down to upwork. I have been using upwork since it had different name etc and even when mediapiston was taken over. I just wish this platform remains as good as it is since this is the only platform I use for hiring freelencers.

I want it to keep up with it so we can continue using this platform confidently in the future too.

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Moderator
Bojan S Moderator Member Since: Mar 9, 2018
BEST ANSWER
6 of 12

Hi Subodh,

 

I checked and I see that your ticket has already been escalated to our Mediation team. Since you've updated it just recently with additional information, please allow some time for our team to review it and update your ticket. If you have any additional information or questions, feel free to post them directly on the existing ticket. Please note that we won't be able to discuss the details of a dispute here in the public Community.


~ Bojan
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Active Member
subodh n Member Since: Jul 27, 2020
7 of 12

Dear Bojan, Thank you for your reply, I just wanted some community feedback so thought of posting it here befor jumping into some conclusion. Truely appreciate your reply. Thank you

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Ace Contributor
Slavko A Member Since: Sep 5, 2019
8 of 12

Just my thoughts about topic if your freelancer need to develop a maze solver application it will probably use a well known fast part of code written by some one else long time ago. And leave all credits in code for next developer to find reference when he need to fix your code. This will save time for you get task completed and freelancer not reinventing a wheel.

Reference to:
Dijkstra's algorithm is an algorithm for finding the shortest paths between nodes in a graph, which may represent, for example, road networks. It was conceived by computer scientist Edsger W. Dijkstra in 1956 and published three years later.

Eventually, that algorithm became to my great amazement, one of the cornerstones of my fame.

— Edsger Dijkstra, in an interview with Philip L. Frana, Communications of the ACM, 2001
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Community Guru
Preston H Member Since: Nov 24, 2014
9 of 12

The freelancer accomplished the task he was asked to do. And now the freelancer is basically offering to let the client receive an extra $200.

 

No matter how distasteful the client may think the freelancer's methods were, I recommend the client accept the money and move on.

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Active Member
subodh n Member Since: Jul 27, 2020
10 of 12

now you are just predcting the task was accomplished. That is your view and personally we will not pay to copy the codes, perhaps you are okay with it we are clearly not happy to use copyrighted work.

 

Your statement also makes me think you are perhaps a freelancer yourself not a client. I prefer clients prospectives on my issue. 

I would not hire a freelancer who thinks copying codes as it is is okay, without even giving the codes a personal touch.

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