Microsoft Visual Studio License

Question

I developed a small winforms application for myself in Microsoft Visual Studio 2008 Professional Edition at my workplace, the Visual Studio is licensed to the firm I work at.

If I want to sell that application, what are my license options?

EDIT:
The issue here is not my relationship with my employer (the code was written after hours, we have an understanding) but my relationship with Microsoft.
Ex. if I continue developing in Visual Studio Express can I keep my old code? Is there a way to verify if some assemblies were written using a Visual Studio Professional?

Answer 1

I'm not a lawyer, but generally if you develop something at work, using your employer's tools, then they own it, not you.

If you have an "understanding" get it in writing. If your product turns out to be a money maker then you'll be glad you did.

As for Visual Studio, you should be fine distributing the application with whatever license you choose. If you want to keep developing at home, move it over to Express (you can keep your code, but may have to deal with the lower level of functionality in Express) or buy a license for Pro.

Answer 2

I would say that depended more on your contract with your employer rather than the licensing of Visual Studio itself. If it's a properly licensed copy, then the issue lies solely with your employer.

A lot of developer's contracts do state that any code written whilst at work, or on the employer's equipment, or even at any time whilst employed, belongs to the employer.

If that is not the case, I'd download a copy of Visual Studio Express, and do any further development on your own system, just to cover yourself.

Answer 3

Try if the project works in Visual Studio Express Edition. It it does, the problem is solved. If not, return to step 1.

Answer 4

Explore the EULA on VS Professional. You should be able to discern what you can and can't do from there. Compare this to the EULA for Express. It's tedious, but it's the right place to start.

Answer 5

Microsoft's DreamSpark ( https://www.dreamspark.com/default.aspx ) program might be a good option. Basically a three-year MSDN subscription for free (with some requirements about building an actual product, etc. - sounds perfect)

Edit: It's "BizSpark": http://www.microsoft.com/BizSpark/

Answer 6

Don't know about the bytecode itself, but first check the assembly file properties. On my vista box I right click -> properties then select the details tab. Then run ILDASM and check the properties on the assembly.

Also double check the EULA on the express editions, the web page specifies it targets "hobbiest" and "enthusiasts". My paranoid side thinks there might be identifiable stuff.

Finally if you want to be really careful, just download the SDK compile your code on the command line before distributing your code.

Answer 7

I'm having trouble seeing what the issue here is. Assuming your employer has a properly licensed copy of Visual Studio, they have the right to let you use it for any purpose they choose. It's no business of Microsoft's whether or not they let you use company resources for your own project.

Answer 8

The EULA that you agreed to when you installed Visual Studio is quite explicit. Not only do you own the rights to the code you develop using VS, you are required to explicitly claim copyright on your code.

One file you should review is redist.txt, it is copied to the installation directory. It lists the files that are owned by Microsoft that you are allowed to redistribute freely. All the essentials are there, like the .NET framework. Anything that is not in that list is not yours to use.

There is one specific exclusion in the EULA, you are not allowed to develop a product that can be used to allow your customers to access Internet resources for a fee. A bit of an odd-ball exclusion, I assume it is meant to suppress competition for a business segment that MSFT doesn't control.

Finally, as others have alluded, an "understanding" with your employer means squat when it is crunch time. Carefully review the employee contract you signed. It's been quite a while since I last saw one that didn't claim ownership of after-hours work. As well as "related" works produced after the end of the agreement for a certain period. IP is big, your brain is pwned.

Answer 9

Restart your windows and call Microsoft, you'll be sorted.