Startups Stack Exchange Archive

Releasing Existing purchased software as new project or even opene source

Does anybody have any experience in purchasing software in this case a comprehensive Wordpress plugin framework for use in client development works then re-releasing it under a new start-up entity as paid software or even possibly as a open source project backed by the new entity (company).

Aware this sounds dodgy and risky, but the situation is the company that supplied the framework has now gone dead. With hundreds of buyers in their support form flooding it with “Help” “Support needed” “is this still alive” and words to that effect - zero response from support now for over 12 months, emails or forums (the software is still available for purchase). many pages of the company website is now 404 including contact pages. (except the buy page where you can still successfully buy - they are using a 3rd party online seller )

Also worth mentioning, many developers complaining about clients works now on hold unable to continue until support is provided for the original purchase.

The thing that comes to attention is the fact I and many other developers have gone ahead and re-coded much of the framework (I have invested over 400hours so far and working on it nearly everyday) to remove bugs and clean it up. - the reason for the big investment is the potential this framework has in the long term, my own client works are now completed in a third of the time (minus bugs fixes to the framework) each project I continue to fix the software and make it better. (I now consider myself an expert at work arounds and achieving my requirements with this software)

I’m considering a couple options and wondering what others would consider.

  1. just strip the source code of all reference of the original makers and publish as a open source project.

  2. invite existing buyers (on their own support forum) to form a small team to fork the project and keep moving ahead and release under another entity. (and sell the product offering support to existing and new customers)

it appears there is now a small few developers providing simple support answers in the like “this is how I fixed that bug”

there is opportunity here to grab and run as the company might be dead but the project is very much alive.

regarding legal and copy-write etc, I’m thinking the risk is worth it as I assume such a company would not sue (it appears dead) but if they do I would be happy to challenge with 100% support from their own customers.

In my country I would be covered by trading laws and have opportunity to challenge them in my favour right now as a buyer of a system provided with support (but none given) - as buying a product “not fit for its purpose as marketed” - they market they provide support and ongoing updates…..

but as a supplier from a another country I assume only laws from their own country applies which could be anything.

if they are in fact dead, any attempts of litigation would prob be out of their financial reach…

As per the original question I have a genuine interest if anybody else has successfully re-released a dead product under a new entity within a similar situation.

or what other options could be considered to bring the project back to life to the general global community as paid or free product.

Answer 5666

Don’t do anything illegal. Your first option is definitely a no-no (just strip the source code of all reference of the original makers and publish as a open source project).

Step 1: track down the author. Even if the company is dead, the CEO, or developers are still around, somewhere. It’s tough, but find them and talk to them.

For all you know, they may be reforming a new company and acquiring the assets of the previous one, and will be back in full swing in 6 months. You’d be in serious trouble if you proceed with your plan.

Respect copyright. If the customers download the source (likely for a Wordpress plug-in), you may be in the clear if you provide patches (diffs) to fix bugs and add features. Do not copy the original code. But really, work on step 1, a lot of good will happen.


All content is licensed under CC BY-SA 3.0.