Enforcing breached contracts with overseas freelancers?
 

Does anyone know if it's possible to enforce breached outsourcing contracts with overseas freelancers?

I would like to start outsourcing some of the ideas I have piling up over here. We would then go back over things, and clean them up if needed.

But my concern is with these programmers reselling the completed projects to other clients, or to the world.

I mean imagine if I contracted out someone to build a "Cpanel" to my specs... and then the [insert country here] programmer decided he wanted to re-release it as his own, or use 80% of the code and build another 20% on and re-release it.

Is there a way to enforce a breach of contract, non-disclosures, or copyright violations with people in India or Russia?

I'm going to ask my attorney in a few hours... I don't think he'll tell me at 3am though :)

always happens thats become a big problem for large corporations not just small companies, they cant fight it you cant fight it its part of the cost of doing business there.

Hmm.... well think about it like this:


Imagine you are IBM.... you send something out to get contracted by a [insert country here] progammer. That programmer then sells it to HP and Compaq who then turns around and starts competing with you in the market, selling it to their clients.


Could you (IBM), then sucessfully sue HP, Compaq and their clients who are using your code?

Or was it ever your code in the first place?

International lawsuits are expensive. The lawyers fees would likely be much more than whatever money you lost from the breach of contract with the freelance programmer.

im not a lawyer and the fact is by the time the legal fight is over its too late anyway technology moves quick and moves around quick.

I can go on elance or any of those sites now and find guys who did huge online projects that took months and months pay them a few bucks and get the exact site up in a day.

Everyone can sue anyone, but when your stuff is out there you are fucked beyond fucked.

Its not 1998 its 2004 US programmers are way more affordable.

If you have some strong ideas I wouldn't outsource the creation overseas until you have the funds to protect yourself. It is not worth the savings to have to hunt down someone in India or else where.... That could turn into a very large headache and lost revenue.

:2 cents:

Yeah it's not really the price savings as much as it is I have a couple guys that I have used in the past who are really good to work with... properly coded/clean code, fast turnaround, great english skills...

I mean they (individually) get things done in about 1/3 to 1/4 the time it takes us or anyone I've ever worked with in the states.

I'm just hesitant on some of these projects.




Btw EB, Nice to see you and your quality posts around here again :thumbsup

Breach of contract requires some sort of litigation anyway ...

If you have contracted a US programmer and he fucked up, you hire a US lawyer ($200/hour) and you're basically fucked.

If you sue the Indian guy, you'll still pay $20/hour for an Indial lawyer (could be less). So outsourcing is RULEZ.

However, I'd advise you give the money to someone with a reputation next time.

Hi,

First of all freelancers are not the same as outsourcing, outsourcing protects you the client from the issues that you have.
Freelancers give outsourcing a bad name.
We pay taxes and medical for our staff and it's run as a proper business.

If our programmers develop anything for you, it's your providing you have paid us and we have contracts that we can draw up for you so you are the owner of the software not us.

If you would like to discuss it more please contact me on ICQ: 1997467

thanks

i mean u can always test them, ask them about projects they have done see how fast they will sell it to you.

Hmm... So maybe I could just hire an attorney in the countries and cities these two programmers I like are in and have the attorney draft up an outsourcing agreement.

If nothing else, it would let them know I have an attorney in their area if I need one.


Hum. Then it again it might just be easier to find a good programmer in the states.

I'm not really sure about that. I really don't know much about the law, but I suggest that you just be careful when you make deals with these types of companies.Most of them may be honest businessmen, but the others are just scams.

that applies to every industry in every country