Can I sell computer source code that I reuse in other applications that I still sell? I have several different versions of the same software (written in .Net/WPF) that interact with different brands of hardware. I decided to discontinue one of the platforms. The company that sells the hardware for that platform approached me about purchasing the software source code from me so they can continue to sell the software to their customers. So, I would rework the UI and rebrand it so it doesn't look exactly like the other versions of the software, and they could claim it as their own. My question is, is there a way for me to sell and give them the source, without putting myself in legal danger since 50% of the source code is still in use with the other versions of the program I will continue selling? The client is fully aware of the situation, and is not interested in exclusive rights to the code. They just want to be able to take it over (and modify it if need be) so they can continue to sell it.
The answer by Dale M. is correct, but a bit brief. "Selling" is not an exact phrase. What you do not want to do is to transfer ("sell") the copyright to the source code. If you did that, you would put yourself in legal danger because they now own the copyright to code that you use in other products, and can sue you for copyright infringement. However, you selling a copy of source code does not imply transfer of copyright in any shape of form. When you buy a copy of a book in a book store, the author's copyright is not transferred to you. Accepting this deal would put the other party in legal danger. Even if they have bought the source code, they still don't have a license to make further copies of it and sell those. This is why you need to license the software to them. In brief: Copyright grants the copyright owner a lot of rights. These rights are always licensed, not sold. The right that is relevant here is the right to create derivative works. A license is simply a contract between the two parties, describing a particular business arrangement in legally binding terms. If I were in your position, I would hire an IP lawyer to help drafting the license. But, basically, the license should say that you, as owner of the copyright to ABC software, grants XYZ company access to its source in its present form, and also grants XYZ company the right to create derivative works, but only for hardware platform DEF, and to create and distribute copies of their derivative work.
The DMCA prohibits circumvention of technological measures that effectively control access to a copyrighted work. So you can't legally "crack" the software, period -- even if you own a disc containing the software and have a valid license to use it, a license to use the work is not authorization to circumvent access controls. So if the disc is copy-protected, by my understanding of the DMCA, you're kinda screwed. (The company might be willing to provide you a replacement copy, even if only to maintain the illusion that the software is "licensed, not sold". But you can't make one yourself.) Likewise, if you have a copy of the disc but have lost the license key, you're screwed. Even if you could prove beyond any doubt that you are the licensee, there's not any law i'm aware of that would compel the copyright owner to provide you another license key. And courts have held that distribution of license keys without authorization is a violation of the DMCA. So whoever might provide you another key, if they're not the copyright holder, has broken the law. If you managed to copy the disc from a friend (without circumventing any kind of copy protection), and had your own license key, you might be in a better position. Many EULAs allow you to make a backup copy. Even if they didn't, copyright law does, so there's a possible case for fair use.
You should probably get a lawyer, but my reading is this: The company whose SDK you use owns their SDK, owns their code, and is free to take any of your ideas how to improve their code without paying you. But they say that ideas are ten a penny, so this is mostly there to prevent pointless lawsuits. On the other hand, it says that everything you do with your product is yours. I might be completely wrong, that's why you should get a lawyer.
If running Linux on same physical computer as Windows, can one legally use Microsoft's files? Apparently not. The fonts would be considered a feature of the software. Even mounting the Windows file system in your Linux partition, as opposed to copying the fonts, would violate the terms of the license. That is because the terms of the license allow the inference that the licensed copy of Windows 10 is mutually understood as the active partition at the time of using its features. Therefore, using the fonts from elsewhere (including a different partition insofar as the license considers it a device on its own) constitutes using the feature separately.
You ask permission, preferably with legal counsel to handle the details. It really is that simple. Unsurprisingly, most companies don't want to give their code away- especially to a competitor. If you even get a response, they will expect something in return i.e. money. Realistically though, it's unlikely they will respond, much less deal with you.
You can't You agreed: by submitting Materials in any form to the Company, in addition to other provisions of the Terms, you automatically grant Company a royalty-free, world-wide, irrevocable, non-exclusive, and assignable right and license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display and publicly perform such Materials for the purpose of displaying and promoting the Materials on any website operated by, and in any related marketing materials produced by, the Company and its affiliates. They can keep and use your data forever and give it to whoever they want. The clause you quote doesn't alter that. All it says is that once a year, if you ask, they will tell you what information they shared and with whom. If they feel like it they will tell you how to get the information deleted.
Copyright would generally protect all aspects of the Windows operating system. Therefore, to the extend that Kali is visually similar to Windows, it might be illegal infringement. It would not be infringement if those elements were used with permission from MS (note that the product is available on the Microsoft store). Since you semi-stipulate that they do not have permission, we can move to the possibility of a fair use defense. That defense might be successful since at least apparently there would be no effect on market and the copying is somewhat transformative. Finally, the finder of fact would have to decide if those elements of Kali are &quot;substantially similar&quot; to the Windows originals. It could be found that the similarity which you perceive is due to &quot;copying the idea&quot;, not copying the expression. E.g. the idea of a manila folder as an icon is not protected, so it becomes a fairly technical discussion centering on copyright law and &quot;look and feel&quot;.
If you are subcontracted, then some other company is going to use the code that you wrote, and since you were not paid for it, you are the copyright holder. A letter to that company's legal department might work wonders.