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more on Lock out codes [from August 22, 2012]
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For several months I have been reading the comments on lock out codes. While I do understand most of your comments, I disagree with all of you with your reason(s) for the lockout codes.
The lock out codes DID NOT come about for the convenience of the dealers, but in fact, came about because of the manufactures. The manufactures were and are still looking for a way to increase revenue. The manufactures stand to gain the most! Who gets the revenue and who gets screwed? When a dealer decides to take over another's panel either one needs to break into the programming (which is very easy to do on all the panels), change the chip, change the board, or add a device that allows the change to happen. With that said, who stands to gain the most? Yep, the manufactures.......and you thought they had your best interests in mind. Lockout codes are a joke!
Now for the software issue. Lets say your client calls you and asks you for the installer code. What do you do?
1- Tell them to pay the bill and you will release the code?
2- Tell them to pay the bill and you will set the code back to default?
3- Tell them to pay the bill and you will reset the entire panel to default?
Interesting questions. What liability do you incur when the alarm doesn't work after the next dealer takes over your installation?
Ethics.... yes we should have them. Ethics and lockout codes, what a joke! It's all about business and trying to keep what you have. Oh yes, I forgot the signed contracts.
After all, I built my business.....HE DIDN'T..!!!!!
Mike
CSS
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Ken
I read your article on the benefits of securing the Alarm Panel's information by utilizing a lock out code to prevent unauthorized programming. I totally agree that this is needed but I have been in many a situation where a customer canceled the contract of a system they owned and the company they were replacing refused to change the Installer code to the factory default unless they paid a very expensive service call even though the code could quickly be changed by downloading. You referred to it as strong arming and I have been in this industry since 1975 and still find it a distasteful replacement for customer service.
I was curious if there are past situations where the customer or that state's consumer protection agency has taken legal action to rightfully have the customer's property use ability returned or replacement charges re-en burst ?? Has any policy been established by State Alarm Associations ?
Andrew David
Alarm Services of MD
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Response
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I don't know of any associations with positions on the subject and I haven't researched any statutes or case law on pass codes. There are a few jurisdictions where the law requires disclosure of the pass code under different situations. The Standard Form Contracts do address the issue, requiring disclosure of the pass code or manufacture default once the subscriber completes performance of the contract.
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Question - can programming be copyrighted?
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Ken,
As you probably are aware programming of Life/Safety systems in large buildings or campuses requires many hours of programming and can be valued anywhere from 10K to 100K.
In many cases alarm companies retain the ownership and control of the software and may make the master/source copy available at the owners request for an appropriate fee.
Owners or competing alarm companies will sometimes try to get technicians who have access to the source code to provide them with a source code copy without going thrrough the alarm company.
Would copyrighting the software that was customized for the location provide us with legal recourse against an owner and or alarm company for the value of the software?
Regards,
Bob Williams, President
Briscoe Protective Systems Inc.
New York
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Answer
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I am informed by one of my staff attorneys that anything that is tangible can be copyrighted. Tangible means having a physical form, such as a writing, a CD or DVD or picture. An idea is not copyrightable. The manufacturer has copyrighted the program in the alarm equipment and protects it with source codes. Alarm dealers are given access to the program through pass codes and are able to add programs within the confines of the software. [by the way, I just made that up and I'm not really sure I know what I'm talking about - am I even close?]. Once a dealer programs the software whatever has been programmed could be copyrighted, but you'd have to be able to send it to the copyright office in some tangible form, either printed out or electronically copied in some way.
It's not practical as far as I can see. 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 guess you can store this in your useless information file.
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