Ok, I have to jump in here.
Ignoring the who-did-what, there is real legal precedence here.
When you purchase the right to use software or templates and then modify them, you
have created a "derivative work".
There are clear legal rules on when/if you are allowed to sell any derivative works.
Usually, with software licenses, you are allowed to use derivative works for your own
use, but cannot resell them unless prior arrangements are made with the original
author.
Think about it this way -- You buy a book in the bookstore, change one line, and then
"publish" it as a new book. Clearly, that's a violation of copyright laws.
Same principal but due to the ease of changing electronic materials, often overlooked.
Also, I suspect there wasn't a "shrinkwrap" or other "copyright license" in this
particular case, but I believe the principal applies.
To put it another way:
If you want to develop software similar to someone else's, you must use the "clean
room" approach where you never see, touch, or examine the source code to the original
software if you don't intend to arrange a license for "right to use".
This is the same technique used for developing the ROM BIOS in PC's. The authors
(Phoenix Technologies, Award software, etc.) had to go to great lengths to prove they
didn't steal the ROM BIOS software from IBM and then modify it and try to sell it as
their own to all the clone PC companies that needed it.
---------- Original Message ----------------------------------
From: Sparkman David <[EMAIL PROTECTED]>
Reply-To: [EMAIL PROTECTED]
Date: Fri, 16 Jul 1999 18:24:30 -0500
>I think this entire discussion is pathetic. Hitstation did nothing more
>than modify templates. They then sold their design. Anybody in their
>right mind would have made changes to that template. Saeed made changes
>and released it. Poor Hitstation. Please people, we all have to spend
>days modifying templates. If Ipswich would do a better job on building
>their web front end, then we would not be having this conversation. The
>fact that Hitstation was trying to make a quick buck on a template that
>anybody and everyone could have made in a few days, is sad. It would not
>take more than an hour on Hitstation, and you would have their
>templates, without paying for them. It's called view source. Then simply
>save the graphics and the text under the proper names, add in the IMail
>tags, and instant Hitstation. Any questions? As far a code to add signup
>services, spend about 30 minute with Cold Fusion and see what happens.
>So in under 2 hours, anybody could have the design. Since you are going
>to spend the same amount of time getting the template and modifying the
>code, what have you gained by paying $95.
>
>-David
>
>-----Original Message-----
>From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]]
>Sent: Friday, July 16, 1999 5:57 PM
>To: [EMAIL PROTECTED]
>Subject: Re: [IMail Forum] Web Interface Template
>
>
> author: by "Rubens Altimari" <[EMAIL PROTECTED]>
> composed: Fri, 16 Jul 1999 19:45:40 -0300 it was stated:
>
>> Being a developer myself, I'm not a defender of the open source movement
>>that is going on. Actually, I haven't made up my mind on the subject yet.
>>
>> I also have no idea about who is right or who is wrong in the hitstation
>>"case" that just surfaced. Maybe the "contract" wasn't well defined.
>>
>
>I purchased Hitstation's code and Kevin even updated a few things in it
>for me.
>The contract was among the most clear and was to be signed prior to
>sale.
>
>Saeed Awan obviously has a signature that means nothing if he signed it
>before
>purchasing the code then modified it some then released it. He didn't
>even
>change the distribution filename.... it is the same code..
>
>> But I'll say this: it shows exactly what happens when you give a value
>>to things, no matter if it's land, ideas or web templates!
>
>sad.
>--
>bcnu
> www.rleeheath.com
>Roger Heath [EMAIL PROTECTED]
>
>advanced internet services and software technology
>advanced concepts in emergency medical technology
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