Are FaceBook Clone 's legal ?

Discussion in 'Legal Issues' started by Woodcs82, Jan 15, 2009.

  1. #1
    What i mean really is i found a site who makes facebook clones, is it LEGAL to buy one and start a social network?

    They coded the site themselves im assuming.

    Here is the Site that sells the clones -

    http://www.facebookclonesoft.com

    They sell them , so is it Legal to buy and start a social network with the clone script.

    Thanks,

    -C
     
    Woodcs82, Jan 15, 2009 IP
  2. paark.s

    paark.s Peon

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    #2
    Opinion:

    The social network code should be fine to run. Since ,i believe,you would not use a facebook trademark.

    And the first one who will be sue is the facebookclonesoft.com itself.

    ----------------

    Anyway, I would wait to see other,better , comment downhere too. :)
     
    paark.s, Jan 15, 2009 IP
  3. Woodcs82

    Woodcs82 Well-Known Member

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    #3
    Thanks for your opinion, im still seeking other opinions on this matter.

    Thanks,

    -C
     
    Woodcs82, Jan 16, 2009 IP
  4. Falling Down

    Falling Down Banned

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    #4
    Yeah, but one thing you might note is that Facebook is run by a whole organization of developers who all work together to make the system. There is really no way that someone could just grab the script to just put it on sale at some website.

    I think you might want to consider looking for examples of this script in use and see if it's cheaply made or not. One of the things I notice is that they're pricing it at $299.99, saying that they're a great programmer by that price, yet their support system is the typical one you'd find in CPanel and Fantastico. Why didn't they bother to make their own script for the site if they're so great?

    That's just my two cents.
     
    Falling Down, Jan 16, 2009 IP
  5. Woodcs82

    Woodcs82 Well-Known Member

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    #5
    I think they do code the script
     
    Woodcs82, Jan 16, 2009 IP
  6. druidelder

    druidelder Peon

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    #6
    In theory, there is nothing illegal about using somebody else's idea. Ideas are not copyrightable or trademarkable. So, it is not illegal for multiple people to have social networking sites. However, it is the implementation of the theory that can get you into trouble. For instance, if the programmer of this "clone" thing ever worked for Facebook and was using any part of their code (which can be copyrighted) then it becomes illegal. If they use the exact same layout there could definately be legal issues. There is also the fact that they call it a Facebook clone. They are using a trademark to sell their product, definately illegal. All of those would result in actions against this company rather than you.

    As for you using it, that is probably not an issue so long as you are not using trademarks to describe your service. However, depending on how it's coded, if they get taken down you may find your code no longer works.
     
    druidelder, Jan 16, 2009 IP
  7. WandaZ

    WandaZ Peon

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    #7
    There are several potential legal issues your proposal raises.

    First, does the clone violate Facebook's copyright? Not only does Facebook have copyright protection over the actual computer code used to display its website, but it has copyright protection over the display itself. You must ask yourself whether the graphical interface displayed by the clone copies Facebook's graphical interface.

    Second, does the clone use the FACEBOOK trademark in its display, filename, or metatags? Such use could constitute trademark infringement.

    Third, is the domain name of the clone confusingly similar to FACEBOOK's trademark, and if so, is it being used in bad faith? Such use could constitute cybersquatting in violation of federal law.

    Finally, is the look and feel of the clone website confusingly similar to Facebook's. Such a situation may constitute infringement of Facebook's trade dress.
     
    WandaZ, Jan 16, 2009 IP
  8. paark.s

    paark.s Peon

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    #8
    one more quick question on the topic -- The code is one thing, I believe they have made the code themself, this will make the code legal. And what about the style, I know that idea is uncopyrightable but style(how you put the idea together)seems copyrightable.

    Anyone?

    Thanks. ^^
     
    paark.s, Jan 18, 2009 IP
  9. PerfectTracking

    PerfectTracking Peon

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    #9
    About not using the Facebook trademarks:

    If that script is really a clone, you can't legally use it..
     
    PerfectTracking, Jan 18, 2009 IP
  10. Woodcs82

    Woodcs82 Well-Known Member

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    #10
    I dont think your right, they custom made the script in a differnt language, there is nothing illegal about it.

    Any other Opinions?
     
    Woodcs82, Jan 19, 2009 IP
  11. icon225

    icon225 Peon

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    #11
    yeah i think there totally legal although i remember a site in germany which was a copy of facebook and that got taken to court
     
    icon225, Jan 19, 2009 IP
  12. thunderspot

    thunderspot Peon

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    #12
    you can change your site theme and add some feature that hasn't been add to facebook. this way you have your own facebook site without worried about legal matters.
     
    thunderspot, Jan 19, 2009 IP
  13. mythreya

    mythreya Greenhorn

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    #13
    It is fine as long as you dont use facebook logo or facebook name in your domain name or in your website advertisements.
     
    mythreya, Jan 19, 2009 IP
  14. Woodcs82

    Woodcs82 Well-Known Member

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    #14
    Thanks to all who Voiced in , i would appreciate more opinions on this!

    Thanks,

    -C
     
    Woodcs82, Jan 20, 2009 IP
  15. TheCoacher

    TheCoacher Guest

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    #15
    As long as you don't publicly state that you are affiliated with Facebook, you're fine.
     
    TheCoacher, Jan 20, 2009 IP
  16. pokey

    pokey Active Member

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    #16
    That's is mate, all these guys are absolutely correct.

    1. Nothing resembles facebook
    i: logo
    ii: copyright
    iii: anything with the name facebook attached
    2. Scripting is not a clone of facebook
    i: you need to state this in your disclaimer
    3. Contact facebook, see what they have to say
    i: ask them about what you can and can't use (at least get an opinion)

    If you're really going to monetise something like this, I would suggest going to see a lawyer who specialises in online patenting etc. However, that could be expensive and is entirely up to you. Make sure you also read the terms&conditions of the cloning website.

    Good luck mate

    - A
     
    pokey, Jan 20, 2009 IP
  17. ParadoxCentral

    ParadoxCentral Peon

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    #17
    Its certainly fine to run that 'script'.

    Facebook simply isn't a "script". They have a full fledged office filled with geeky nerds coding their grid infrastructure along with their site, integrated! I doubt they will ever have any problem with you running a similar site unless you happen to get ranked as #5 on Alexa :p
     
    ParadoxCentral, Jan 20, 2009 IP
  18. pokey

    pokey Active Member

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    #18
    or #1 on Google for Facebook HAHAHA
     
    pokey, Jan 20, 2009 IP
  19. yeeckoh

    yeeckoh Peon

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    #19
    Any clone scripts that are custom made instead of stealing are fine but if the design of the site look so much like facebook you might into trouble. The demo photo on the site is so similar to facebook except with the clone word, that is not right. Beside the site does not seem legit, the way they code the site is horrible and there is no demo. So becareful.

    BTW, there is another huge Facebook Clone/Style site in China call "xiaonei"
     
    yeeckoh, Jan 21, 2009 IP