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Ken,
You stated "When a successor alarm company wants to get into your panel to reprogram it's not really using your copyrighted program, it's doing its own programming, which is the reason for getting the pass code."
I think that I disagree. The new alarm company will likely use the previous code, but with a only few minor changes -- usually only changing the account code, the phone number of the receiver, and the installer code.
Wouldn't this be similar to re-publishing a book/DC/etc., and calling it mine if I made a couple small changes? Certainly that would be copyright infringement. So why not alarm programming?
I do agree however that the cost of the copyrighting and enforcement might not be practical.
Lynn G
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Ken
Your friend that wants to copywriter his programs needs to read NFPA 72’s requirements on the availability of that program on site. A copy of the program in some form whether electronic such as on a disc or flash drive or just printed version is required to be on site at that premise. The purpose of this is to have an emergency recovery method of restoring the job in case of a crash and the program is lost for a quick recovery with minim loss of time. Despite what everyone says on the sale of that fire alarm system the purchaser is also the owner of that program written for that specific project. It is part of the operating system and cannot work without it. The customer can at any time have another trained and authorized vendor take over that job and remove the previous vendor and that must be allowed. You do not own him and that job for life. The false belief that you own the program written for that job is just that false. When you sold that job the program was included unless you specific said and signed an agreement that you retained such ownership. Concerns over software access is nonsense since in addition to having it you must have some sort of a key to connect to your computer to use it and only authorized vendors of specify brand have these keys. Without out the keys there is no access and the software is useless. This is just an example to trying to limit an authorized vendor taking over a job that you do not own when the customer wants to make at change whether over money or service.
If you do that you can run into licensing problem (read their agreement that you signed and agreed to with regards to the used of their software) with the manufacture since you are only applying their owned program which as an authorized dealer you can use. You have not developed that whole program from start but only applied and tailored it through applications in it for that specific job and application. The question here is can you copyright an application on a program owned by others? As far as the statement of value being tens and hundreds of thousands of dollars of value I can only ask was that a part of the job when it was sold or were you contracted separately to provide that program and does your agreement with that customer state that (you have just learned something from me to do if you want to retain control, look for my bill to follow)? If done like that this can become a real issue down the road with that customer and do real damage to your reputation.
The alarm industry has taken unfair advantage of their customers to retain and control them with the threat of a big expense if they leave them that they have to pay this to buy the program. Your program is not worth tens and hundreds of thousands of dollar in real life and you know it. If the table were reversed I am sure you would not be willing to pay that. How many programs that you are running in your office have cost you that including any changes that you have paid others to tune and adjust. Pure nonsense.
Most decent manufactures have ways that when a customer want to make a change that can do so with another authorized vendor with a signed authorization. A pass coded of the day is provided to the new authorized vendor. Self-serving manufactures looking to avoid the politics of vendor disputes do not provide this and thus require the new vendor to re-write the program for that job. That can be very time consuming, burdensome and without all the information on the job can be troublesome. The ironic thing here is when the table turns and now the un-authorized firm as stated here goes in on a system that they are not authorized to sell and service and is now put in the opposing position and want access to the installed program. Now they feel these rules do not apply to them and they state that the authorized vendor that presently hold that job is taking advantage of the customer and charging too much for access to the program that they should not be tampering with (what’s good for the goose is good for the gander), pure hypocrisy.
While on the subject all those criers complaining about others that control the codes on jobs they are trying to take over when the original vendor did a whole site of new houses for little or nothing based upon the opportunity to provide alarms services to the eventual owners too bad. That vendor did all the work at little to not cost and now you want to want to walk in and have a free ride on his shoulders. Replace the panel at your cost and that is the end of the problem. All this nonsense over access and pass codes will result in new legislation eventually requiring the purchaser to have access to all the codes of the industry does not get their act together just like what is now going on with the false alarms that the industry sat by and let happen.
The person complaining about manufactures to control pass codes for revenue reasons is a lost soul. Just like with your computer it is to limit accessibility to knowledgeably and trained persons to try to insure the proper working of that system and limit his exposure to un-authorized and un-knowable persons making changes that may non-intentionally that could comprise the proper operation and expose you to legal action after a failure. There is no big conspiracy of manufactures that sit around and dream up way to screw the industry and their customers, be real here. Do you want your customer at any time to call into their alarm controls that you installed and make changes at will with little or no knowledge on how to do it and then take responsibility in a loss when the control did not operate correctly? I await your response to that, HUH!
Stu Gilbert

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comment on how much info you should give your subs
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In reference to Anon in the 09/14/2012 article, as Ken stated sounds more like someone wants to trip you up. I have never had that many questions ask except by an attorney. I myself I would just bow out of the sale and cut my lost. There is way to much business out there that no one needs it. Offer them the phone number to one of the door knocking companies who we all love.
Norm Keinz

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