I've been recently been using a team of 2 guys who write beautiful Python code and also know Objective-C back to front, plus they have access to pretty much every generation of iOS device to top it off. The best thing though is they are charging less then $10 per hour, speak perfect English and are extremely reliable.
Though finding a good programmer to outsource to is still a bit of a mission.
patio11 mentions that if you try and prohibit contractors from doing this sort of thing, that contractor may be deemed an "employee" rather than a "contractor".
So rather than a prohibition in the contract, make an assertive clause. Ask your lawyer to add a "Key Personnel" clause to the contract. Also ensure that you have the right to remove any specific individual.
"Right of Substitution is fairly clear cut: can you send someone else to do the work. Employees can't do that, so if you can, you are not an employee. However, the client has to have some say in the matter. The usual formula is along the lines of "you may send a substitute subject to the approval of the client, such approval not to be unreasonably withheld"." http://www.freelancesupermarket.com/featured-articles/the-po...
As long as he delivers what you paid for (and doesn't disclose information you deemed confidential), it should be OK for you.
Is not some minor detail. You can have a certain level of confidence that your contractor won't release confidential information because they would be subject to civil (maybe criminal) legal action.
When your contractor turns around and subs out that work to someone in another country, that threat of legal action loses quite a bit of its' bite. Sure, you could maybe still prosecute/sue your direct contractor, but you still have no real control over the outsource subcontractor.
In either scenario, the purpose of the legal action isn't for you to recoup your losses -- you probably won't. The threat of legal action is what's supposed to stop these losses from happening in the first place.
If he's subcontracted his work out to someone in another time zone everyone may get in to a spot of bother if something breaks and the person who actually did the work isn't immediately available to fix it.
That pretty much kills most subcontracting of this type.
And obligatory Dilbert: http://dilbert.com/strips/comic/2003-08-03/
(both via http://blog.fefe.de/?ts=ae0b37b2)
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It won't do any good to the argument that US developers are "inherently superior" though.
Well, you don't know that. For all we know, the Chinese government might have duplicated every bit of code that "developer" outsourced.
It would have been a great idea if he just presented himself has a consulting agency using foreign contractors, but what he ended up doing was immoral and most likely illegal.
I say this as someone who recently had to spend two weeks without electricity and running water in New York City.
Please get off the soapbox, this guy is not a criminal and no one is suggesting that "everything should be legal".
Surely it's in the best interest of society to ensure that allowing unvetted foreigners access to critical computer systems is illegal? Obviously the facts surrounding this case (which none of us know) determine whether this particular person is a criminal or not.
http://www.wsvn.com/news/articles/tracking_tropics/210089292...
Oh, the humanity!
And hundreds of millions, nay billions, have no access to electricity or running water in the third world. Most of them have no access to food or doctors either.
The issue with Aaron Swartz's case is that the prosecuters decided to throw the book at him for crimes which caused very little damage. The two cases have pretty much nothing in common beyond "computers".
Really? Under what laws?
Criminal? Please, how most corporations operate is what is criminal.
I'm sure it's violating some part of the U.S. Code, but the Patriot Act ain't it.
I imagine that allowing access to the company's systems is something that requires extensive vetting beforehand, given it's described as "critical infrastructure".
It sounds like I'm old at 21. Damn it.
edit: is there a way to edit the title?
You probably have limited means to do a thorough background check on the 3rd party and you submit the work as your own.
If he were able to setup a local dev environment and only provide access to that (and from there he'd move over code changes himself) then I'd be more sympathetic.
That is wrong. Outsourcing work that can be done by anyone cheaply is just savvy...
Giving your VPN login to random people in another country: instant sacking.
But the VPN part, totally agree...you'd think that would be common sense.
Not with the objective of wasting my time at work instead, but to be able to do some prototyping on ideas I'd like to test, but for which I don't have the time. Higher-priority activities won't let me focus on these prototypes easily. In my view, it'd clearly be a win for my organization (and for me too, since I really want to push forward some of these things), but I do understand it'd probably be considered reprehensible.
Giving his credential and two factor auth token to someone is clearly an abuse of policies but what about the actual "outsourcing your own job part"?
i cannot find the same case study they cited on Verizon.
He had some decent family connections so was working as a freelancer on some quite big money contracts.
All of work was (unbeknownst to the clients) outsourced to India for $6 an hour whilst billing $60 an hour.
It actually worked well until the Indian guy figured he could cut out the middle man.
At least the guy had lots of fun and free time doing his thing for while it latest. I don't see any backfiring.
Yes, being fired was the "backfiring" here, as in a-direct-consequence-of-actions.
Sure, you can lose your job for no fault of your own, too, but you seem to be conflating the inherent unpredictability of life to the level of cause-and-effect.