I have a script built in php (which is open source) and i want to heavily modify it (including it's look). I have checked the files and there is no copyright, no license, no legal information... If i create my new script based on the existing one, will i own the copyright for it? If not, can someone prove that they are the rightful owners of this initial script (if yes, how?) I didn't find any help related to copyright of code, especially as it's open source code. Hope anyone can help.
Just beware that a lot of scripts are spread around as open source when they were actually stolen. The same holds true for design templates, ebooks, etc... It's always best to just code from scratch.
Open source does not mean you can do whatever you want. All open source means is that the source has been released and is viewable by anyone. If nothing else is included, then the entire script could be fully copyrighted by the author. See http://www.webmink.net/free/open_source.htm for a deeper explanation.
Open source or not, copyright or not... i found the solution for this. I have registered a copyright claim (for the heavily modified code and design) at the US Copyright Office and guess what... They approved it. This mean i am the owner and creator (well, me and my partner) of the website and they acknowledge this. I guess the persons who wrote the original piece of code didn't bother to register it or something or the guys at the copyright office considered this is original work. Is this sick or what? Anyway, problem solved...
Janniboy, so the work was not protected by copywrite, you made it your own at the copywrite office so now it is yours? A good reason to protect our work,