Cloning a script ethics discussion

[dsotmoon]

Hello, I'm looking for some general thoughts on this, there are many great scripts out there that are cloned or mimicked by others and used or resold, what are your thoughts on this? Is it sound business practice? Is it ethical?

I contacted a developer recently about resell rights to a script of theirs, they said they would not resell it but that I should go to somewhere like scriptlance and have one made, which is not a problem but I want the script made so closely to the original that eventually the confusion of me selling "their" script may arise with end users. There will be a couple custom changes to it but still will follow the script very closely.

The original developer is not in the US, I am, most likely if I hired a developer they may not be in the US either so copyright laws may not play into this at all but I dont want the new developer to just copy the other script and tell me its mine either.

How have you, or how would you, handle this? All thoughts, ideas, opinions are appreciated!

Thanks

 

[liam_d]

As long as you don't use their code it is fine.

Many many people do it and it my eyes it is fine, it is why so many companies have competition!

 

[dsotmoon]

As long as you don't use their code it is fine.

thats one of my concerns, I know nothing about programming or code, I am sure I could tell the difference looking at two different ones but if I pay for a "clone" is it going to be that much different? does codeing have different ways or styles of getting the same output?

 

[liam_d]

There are many different ways to do the same thing. Look at all the different forum software available

 

[dsotmoon]

thanks for the feedback, the feedback and research i've done tells me "cloning" is really common and the developer is the one who referred me to scriptlance, I just want to do it right and legit so it doesnt come across as a ripoff to end users when its done

 

[sjaguar13]

In post languages, there are 10 ways to do everything. The only real way to make it so close is to start with the other guys scripts and add a few blank lines here and there. The chances of making an exact copy code wise from scratch are way too low to even worry about. Plus, the guy wouldn't sell you the script, so he knows you don't have his. It's not like he let you look at it, but said don't use it.

 

[dsotmoon]

In post languages, there are 10 ways to do everything. The only real way to make it so close is to start with the other guys scripts and add a few blank lines here and there. The chances of making an exact copy code wise from scratch are way too low to even worry about. Plus, the guy wouldn't sell you the script, so he knows you don't have his. It's not like he let you look at it, but said don't use it.

i actually have his script, its a pretty common script, i use it on my sites now, I asked him for resell rights to it and thats when he directed me to scriptlance

 

[seeker]

cocacola, pepsicola,
7up, sprite,
nike, reebok
vb, IPB
and the list continues....

the problem IMHO is with the wording. You are saying 'cloning' which to me sounds like an exact copy (as by definition). That in itself doesnt sound ethical to me (one of your questions above), but, ultimately, probaby not illegal, since you probably will not be cloning (as in reverse engineering) but having an identical or similar end user environment/experience.

 

[Zeeble]

Copyright or patent issues don't come in to this so long as you do not copy any of the code from the original.

I don't see it as unethical. You need something, you make. If you want to resell it, no problem.

The best thing to do is, is look at their script, think of ways to improve it. Then improve on it, and sell it on. If you are going to "copy" something, you may as well change it for the better.

 

[dsotmoon]

the problem IMHO is with the wording. You are saying 'cloning' which to me sounds like an exact copy (as by definition).

thats just the word I picked up browsing at scriptlance, I saw plenty of "i need a clone of ebay", "i need a clone of blablabla..." etc so my wording is a bit off

Copyright or patent issues don't come in to this so long as you do not copy any of the code from the original.

hopefully I will find an honest developer who wont do that, its a simple script so I image parts of it will at least be very similar, i think the coke vs pepsi explains it pretty good, they probably have quite a few of the same ingrediants but enough different ones to make it its own

thanks for the great responses everyone

 

[DNabc]

As long as you don't use any code, you won't have problems. Is the idea patented? If the coder suggested Scriptlance, it doesn't seem you will have problems. It was his suggestion!

 

[primacomputer]

First off, this is more of a legal debate than ethical. I'll work on the assumption that if you can do something legally it's ethical.

There are two issues here, copyright and patent. A copyright protects your code in effectively every country. A patent does not and contract to popular myth there is no such thing as an “international patent”

So long as you don't view the source of the script you are attempting to duplicate the function of there is basically no chance you can infringe on the copyright. If you cut bits and pieces and add it to your own then you can run into trouble.

There will also be a copyright on the design of the output of the script if it is at all creative. You will need to be sure you are not duplicating this but rather coming up with something new.

Finally there is the issue of patents. It is unlikely that most people who write scripts obtain a patent on anything. It's far more likely that something was patented some company and that you both are “infringing”. Since the fools at the USPTO let one patent just about anything these days it's generally not even worth dealing with this issue unless you're working on a massive project where it might become an issue.

 

[ethiccash]

I had one more question added to that :
- Can I use part of Open Source code (GNU Licence) to develop my own commercial script (I'm not talking about reselling the open source code)?

 

[primacomputer]

If you use GPL code in an application you have to abide by the GPL. The source must be made available under the GPL. There is nothing that stops you from selling your GPL application or any other one for that matter.

 

[DNabc]

The question is: If you use open source code, even if you can sell it, you have to use GPL license. So, your buyers may give the script, because it's GPL?