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Are cloned scripts legal?

Discussion in 'Legal Issues' started by The Restorer, Jan 17, 2010.

  1. #1
    Are there any legal issues with using a cloned script?
     
    The Restorer, Jan 17, 2010 IP
  2. dscurlock

    dscurlock Prominent Member

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    #2
    you are basicly stealing someone elses work by cloning
    a website that you did not think up, or even create.

    come up with your own original work, and you
    will to not have to worry about asking such questions.
     
    dscurlock, Jan 17, 2010 IP
  3. SmallPotatoes

    SmallPotatoes Peon

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    #3
    If it was a clean-room clone (made without access to the source code, just from a description of how it should work), and the original is not covered by patent protection, and you don't copy any copyrightable or trademarked visual elements, then yes, it's completely legal.
     
    SmallPotatoes, Jan 18, 2010 IP
  4. Bohra

    Bohra Prominent Member

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    #4
    if we code or get coded our own codes its pretty much legal.. like if people clone facebook its legal untill and unless the people use facebooks images..if u create ur stuff no worries
     
    Bohra, Jan 18, 2010 IP
  5. earnincome

    earnincome Peon

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    #5
    Legal issues depend upon which clone script you are using. If you are using for some small scripts, then basically no problem. Also clone is different from nulled. So dont need to worry about legal issues for keeping clone scripts.
     
    earnincome, Jan 18, 2010 IP
  6. hmansfield

    hmansfield Guest

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    #6
    C'mon. What do you think ? If it were open source or free to use, then there wouldn't be a reason to clone it. So just the very nature of the questions say's you already know the answer...of course it's illegal.

    Can I clone your credit card ? Can I clone a key to your house or car and use it ? Can I clone your I.D and use it as my own ?

    If you can't afford things, then you wait until you can...if that day never comes...you just don't steal it.

    Some people just refuse to pay for anything, however, they only steal from people who can't find them or harm them physically...hence the term "Thieving Cowards".
     
    hmansfield, Jan 18, 2010 IP
    EmmanuelFlossie likes this.
  7. xanth

    xanth Active Member

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    #7
    Clone is a difficult word to define. If you clone the function of a script that has no proprietary protection on the process (as in patent) then why is it illegal? There is no real patent on many scripts, it's just copyright law and people legally clone the functionality all the time, just like rewriting news but in your own words.
     
    xanth, Jan 23, 2010 IP
  8. alistair80

    alistair80 Well-Known Member

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    #8
    if the script is copyrighted/patented...it may not be legal!
     
    alistair80, Jan 23, 2010 IP
  9. adityastar

    adityastar Active Member

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    #9


    What if someone clones the design of your house or the color combination of your car or if he keeps the same name as you have! will u still call it illegal & the person "Thieving Cowards".

    Actually clone scripts varies, if u are using a clone script to provide more or less similar function as a website which is not patented & are using fresh source code & graphics & content, there is no problem. But if you copy full or partial website or use some patented design or service then it surely is illegal.

    to be more specific: If you start a free e-mail service after getting inspiration from hotmail, gmail or yahoo its not illegal but if you copy the exact layout, graphics or content then it is illegal.
     
    adityastar, Jan 24, 2010 IP
  10. bluemouse2

    bluemouse2 Well-Known Member

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    #10
    if you copy the code it's illegal
    if you create from scratch based on a similar idea then it's legal
     
    bluemouse2, Jan 24, 2010 IP
  11. Business Attorney

    Business Attorney Active Member

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    #11
    It's not as black and white as any of the answers seem to imply, although several are pretty close (adityastar, for example).

    If you simply copy a script, that violates the author's copyright.

    If your clone duplicates someone's business process which is protected by patent, your clone may infringe on their patent even if it reaches the same function through entirely new code.

    If your clone copies certain design features, you may violate someone's copyright. It is even conceivable that a clone that creates web pages could incorporate a design element that violates someone's trademarks.

    However, simply copying the unpatented functionality another site is not itself illegal. As adityastar mentioned, if you decide that you want a free e-mail service like hotmail, and write a script from scratch, there is nothing wrong with that as long as you don't infringe on any patents.

    Just be aware that many companies DO have patents on some aspect of their products.

    For example, while you may be able to clone a shopping cart script, there are patents that cover certain elements of shopping cart scripts and you may find yourself facing a lawsuit.

    You can certainly create your own bookkeeping script, but Intuit (maker of Quicken and QuickBooks) holds dozens of patents that are incorporated into its products.

    You can create a word processing script, but Microsoft owns dozens of patents that are incorporated into Office (and in fact itself has to license certain features that are patented by other third parties).

    If the script performs a very basic function, and you create the cloned script on your own without access to the the code of the original script, you are probably on safe ground. If the script is more complicated, you should probably exercise caution.
     
    Business Attorney, Jan 24, 2010 IP
  12. BlaqHQ

    BlaqHQ Peon

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    #12
    almost every site on the net is a clone of some sorts. it maybe a different template design, maybe one has a few more or a few less features - now these days no one is original.

    Yes cloning is legal because no one is original. everything done and said has been done before by someone else already.
     
    BlaqHQ, Mar 17, 2010 IP
  13. xanth

    xanth Active Member

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    #13
    The best thing to do is read a primer on copyright law. No, cloning is not legal literally and is only legitimate if someone creates a non-protected IP or script by doing the programming themselves from scratch. Those 'cloned' scripts, which is sometimes a way of saying they copied a general web function by themselves, is permissible. It's typically just a way of saying more impreessively that something duplicated perfectly, which it isn't.


    Many things on the internet are and can be proprietary and protected. It's a good question.
     
    xanth, Mar 17, 2010 IP
  14. EmmanuelFlossie

    EmmanuelFlossie Active Member

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    #14
    All clones and copycats go down in the ground faster than I can jump from a bridge.

    Don't start using clones, if you cant come up with your own ideas than your in the wrong business.
     
    EmmanuelFlossie, Sep 2, 2013 IP
  15. Nigel Lew

    Nigel Lew Notable Member

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    #15

    Yep... I caught a reply above that seemed to make a bit of sense but this thread made my head hurt. What folks fail to realize is, stuff like Twitter, Themeforest etc... those folks didn't have an idea and hurl some shit up. They are backed by first round or substantial angel investments to the tune of millions. You could have a clone of ANYTHING and you won't accomplish a thing.

    Nigel
     
    Nigel Lew, Sep 2, 2013 IP
  16. hockeystick

    hockeystick Well-Known Member

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    #16
    Some of these ideas didn't start with very much and they are very simple. Sometimes it's about getting your prototype done as a clone and applying it to your niche. That's why I don't discount "clones" at all. The problem is that most of them are done to ride the wave of some type of fad and they are done in mediocre fashion, just well enough to fool people into buying them at overinflated prices.
     
    hockeystick, Sep 14, 2013 IP
  17. john.peter

    john.peter Well-Known Member

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    #17
    Ok. Since I am from one of the clone script makers company, I would have some suggestion that I usually recommend my customers.

    Cloning a website and it's function is cannot be legal if we have the following things.

    1. Clone should be in terms functionality and with the inspired business model. You cannot clone any script by hacking their server and just stealing some codes html/css to make similar. There are some people does this just getting the html/css codes directly form the cloned site. So, its a matter of finding the right people to clone a website. So Make sure no codes and images as used in your script even with copyrights or no copyrights from the original site.

    2. When we say clone which means we are trying to make similar business model. So this means the complete UI should be 100% same as the original site. In such case, it will be problem. When you use a clone script bring up your ideas on top of the cloned business model. When all these things getting mixed it will become an unique business model. eCommerce is a common platform, but adding some additional features and making some new ideas make this eCommerce into various type. So, there is nothing to worry when you clone some business model, but please think and add something new on top of it.

    3. Either in-house team or freelancer, strongly recommend them to use different technologies for the various functions in the original website. For example, if you clone a website lie carousell.com, they used instant chat with nodejs server or may be xmpp. Try to find that technology they used and try not to follow the same. The functionality should be similar but the way you create them should be completely irrelevant to the original site you copy.

    4. Most importantly do some alterations in the business model you copied. For example, fiverr.com was cloned by lot of website and they launched the site as same as original including the concept "$5 for anything". We may not be sure if this business model is patented or not. So it is always better to do some alteration in the business model. Dont copy 100% business model as it is on the original website.

    BTW, which website you are looking to clone, we are the experts who cloned fancy, wanelo, carousell, tinder, airbnb, justeat and uber :).
    We can help you either with scripts we developed already or with some thoughts.
     
    john.peter, Mar 25, 2016 IP