Isn't cloning illegal?

Discussion in 'Scripts' started by chimpysmith, Jul 19, 2010.

  1. #1
    Hello.

    If someone fully clones a site is that illegal?
     
    chimpysmith, Jul 19, 2010 IP
  2. EvanP

    EvanP Banned

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    #2
    It is indeed, yes.
     
    EvanP, Jul 19, 2010 IP
  3. palmerlarryray

    palmerlarryray Active Member

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    #3
    Yes, it is called copyright infringement
     
    palmerlarryray, Jul 19, 2010 IP
  4. chimpysmith

    chimpysmith Member

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    #4
    Okay, well I wanted to buy a script and a person showed me a demo site. I asked them if the scripts there's and they said "i have cloned all these scripts all my work"

    Is this what they mean?
     
    chimpysmith, Jul 19, 2010 IP
  5. EvanP

    EvanP Banned

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    #5
    He has most probably stolen the scripts, yes. I'd say report the post and let the Digital Point staff deal with it. :)
     
    EvanP, Jul 19, 2010 IP
  6. chimpysmith

    chimpysmith Member

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    #6
    He recons "cloning is not illegal why do you think so many people ask for clones "
     
    chimpysmith, Jul 19, 2010 IP
  7. palmerlarryray

    palmerlarryray Active Member

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    #7
    Well with scripts it could be someone who doesn't really know what the word "cloned" means. There are a lot of open source scripts on the market for resell that provide the same functionality as major sites. I know I have a few scripts in my library that have the look and functionality of sites like Google but they are not clones. Still, I don't use most of them because I like sites that aren't cookie cutter. A clone would be an exact copy of another site.
     
    palmerlarryray, Jul 19, 2010 IP
  8. lowridertj

    lowridertj Well-Known Member

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    #8
    cloning something isn't illegal if and only if your site can be distinctively not associated to the site it was cloned after, and in fact can not be confused as the original.

    As long as you make it unique to your site. And make sure you put your own spin on some things to make it unique (unique means more traffic) then no it can not be deemed illegal.

    1. Copyright - prevents the direct copying (or copying with little modification) of images, source code, or various other forms of expression. Automatically applies to every work created, and can theoretically be enforced internationally. (For example, "cloning" a site by downloading its source code, editing it and posting it as your own might be copyright infringement).

    2. Trademarks - ownership of names and logos by an organization to protect them from imitations or other unauthorized use. Trademarks may have to be registered to be effective. (For example, using the name of another site without permission might be trademark infringement).

    3. Patents - protection on an invention so that only the inventor can create or license it. Requires registration and publication of the patent. "Invention" is now starting to apply to software as well in some countries, a very bad idea IMHO. (For example, Amazon have a patent on so called "one-click shopping" in the US and if you copied that method it might be patent infringement).

    So in summary, you can create a site that performs the same function as another website without legal problems as long as it is clearly a different brand, not an exact copy and does not infringe any patents.

    TJ
     
    lowridertj, Jul 19, 2010 IP
  9. palmerlarryray

    palmerlarryray Active Member

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    #9
    Very good answer that covered the whole debate completely lowridertj. That has to be one of the best explanations I have seen
     
    palmerlarryray, Jul 19, 2010 IP
  10. lowridertj

    lowridertj Well-Known Member

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    #10
    np your welcome...
     
    lowridertj, Jul 20, 2010 IP
  11. Mitchell Abdullah

    Mitchell Abdullah Active Member

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    #11
    It depends on the level of "cloning that happens"... But for 99% of cases, yes it's illegal. ESPECIALLY if the clone uses the title of the site that it's meant to resemble, this is not only copyright but also fraud.
     
    Mitchell Abdullah, Jul 20, 2010 IP
  12. chimpysmith

    chimpysmith Member

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    #12
    What if it's his site and he made a clone to sell?
     
    chimpysmith, Jul 20, 2010 IP
  13. lowridertj

    lowridertj Well-Known Member

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    #13
    if it is the persons site that they are selling copy's of or a clone of then they are not infringing or breaking any laws as its their own work they are cloning and is in fact they're own intellectual property to sell in the first place.
     
    lowridertj, Jul 20, 2010 IP
  14. XxiMischiefxX

    XxiMischiefxX Peon

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    #14
    Yes aslong as the person gives you permesion to use the "clone" of his own website than it's perfectly legal.
     
    XxiMischiefxX, Jul 20, 2010 IP
  15. ilook

    ilook Well-Known Member

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    #15
    Cloning is not illegal.
    You may not use brandnames (if registered) but you may make an exact copy of a website.
    You can not copy the backend 100% identical anyway (since php/asp is server side code).
     
    ilook, Jul 26, 2010 IP
  16. lowridertj

    lowridertj Well-Known Member

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    #16
    check your laws again.
    you can not take an exact copy of a website. goes to trademarks, copyrights, and intellectual property rights.

    read up top at my previous post on this.
     
    lowridertj, Jul 26, 2010 IP
  17. palmerlarryray

    palmerlarryray Active Member

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    #17
    NNNNNN.... Wrong Answer!
    It is most definitely illegal to clone websites. It's even illegal to clone the content of websites. Similar is permissible, clone is not.

    http://www.keytlaw.com/Copyrights/cheese.htm
     
    palmerlarryray, Jul 26, 2010 IP
  18. arpit13

    arpit13 Well-Known Member

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    #18
    but cloning script and site is different.
    if you do exactly copy the site than it should be illegal but what only if you copy the functioning i don't think so.
    is it illegal?
     
    arpit13, Jul 27, 2010 IP