Is This A Crime Under The Law? - Programming - Nairaland
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| Is This A Crime Under The Law? by greatghana: 9:58pm On Oct 30, 2016 |
i saw this beautiful and intelligent application online built in India, the application was developed using php, I saw demo online, now am building almost the same thing with little differences but am using c#, I want to ask do I commit any crime under the law? Note am building for commercial purpose as well |
| Re: Is This A Crime Under The Law? by elfico(m): 10:06pm On Oct 30, 2016 |
greatghana: These are tricky water to navigate. If the software comes with a license and you are voilating any terms of that license, then its a crime wether you implement it in another language or not. The fact that you requested for a demo and then go ahead to build a similar product really beats me. |
| Re: Is This A Crime Under The Law? by padi94(m): 10:12pm On Oct 30, 2016 |
Is it d report bee  you are rebuilding?? |
| Re: Is This A Crime Under The Law? by 2mNaira: 11:19pm On Oct 30, 2016 |
greatghana: Morally speaking what you have done is very bad. Legally speaking there is no crime in it unless it is explicitly stated in the licence that you must not do such.(I think you need to consult the licence). The world over people steal peoples ideas and so it is the responsibility of people to protect their ideas. There are way too many clones of facebook out there. But then put yourself in the developers shoe.Would you like the app you work so hard to develop to end up being treated like that. You are sowing a bad seed and you will definitely reap an harvest. 3 Likes |
| Re: Is This A Crime Under The Law? by greatghana: 12:30am On Oct 31, 2016 |
i have my own version 1 and also version 2 which i have developed before with the same ideas with theirs, but limited features compared to the one i saw, i used it basically to improve on what i have. but looking at some similarity of some search engine e.g google.com and bing.com, allo chat and whatapp, imo and skype, there are little differences. mnairaland: 1 Like |
| Re: Is This A Crime Under The Law? by greatghana: 12:35am On Oct 31, 2016 |
feeling guilty already, but why should i start cracking my brain and doing research on a project that someone has done already? when i can look at his lapses and improve on it and make my own product. i need people view |
| Re: Is This A Crime Under The Law? by FincoApps(m): 7:31am On Oct 31, 2016 |
greatghana: There's nothing wrong in improving on an idea |
| Re: Is This A Crime Under The Law? by guru01(m): 8:17am On Oct 31, 2016 |
greatghana:Nothing wrong as long as its a genuine product you are developing and not a clone. Afterall there is nothing new under the sun. Ride on bro. 1 Like |
| Re: Is This A Crime Under The Law? by greatghana: 11:16am On Oct 31, 2016 |
thank you, even with the demo this is my 7th months on it is an ERP system. |
| Re: Is This A Crime Under The Law? by talk2hb1(m): 2:37pm On Oct 31, 2016 |
REVERSE ENGINEERING  horror question INTELLECTUAL propert RIGHT VIOLATION  idontWantToComment  |
| Re: Is This A Crime Under The Law? by 2mNaira: 10:35pm On Oct 31, 2016 |
. |
| Re: Is This A Crime Under The Law? by babatope88(m): 10:50pm On Oct 31, 2016 |
No body can claim monopoly of idea, Nothing do you bro. 1 Like |
| Re: Is This A Crime Under The Law? by 2mNaira: 6:30am On Nov 01, 2016 |
greatghana: I actually posted a more verbous post here giving an additional reason why I think you are wrong. After the postg I went over your initial post and was alarmed to notice I did not read carefully the first time. I must have skimmed quickly over it. Or did u modify ur post? I seem to remember u stating that u explicitly requested for a demo and they sending you a copy of the demo. My previous comment was based on that assumption. If what you have there if exactly what you posted initially then I will tell you.That what you have done is common practice. .I won't be surprised if virtually evey programmer on Nairaland has done it one time or the other. In fact, using templates is a standard web design practice. I remember how It was Apple, I think, who first produce an OS with GUI. Microsoft copied the idea in the next version of their OS.Apple took microsoft to court accusing them of using their idea.I am very sure apple would have won that case save for the fact that their was public out rage against them.The public was angry at apple for wantg to keep a monopoly of GUI concept.Consudering the fact that the court of public opinion was against them they withdrew the case from court and forgot about it. Contrary,to what the poster above me has said.People can claim monopoly of idea especially if the idea has been formally registered.In the american music industry, it is common practice to sue people for using their beats/rythmn or even lyrics.A man's idea is his intellectual property.I know infact of a case in Nigeria were an idea for for using ITto detect fake drug was brought to a company by an unemployed graduate.He couldn't afford the cost of the development and so was turned down only for that firm to develop and sell it to NAFDARC.Unknown to them the idea had been prevuously registered by the unemoloyed graduate.The unemployed graduate ended up sueing NAFDARC,the developer firm. Another case in point is the concept of "Change begin with me" that Lai Muhammed was accused of stealing. Im short you should know that pple can sue other pple wo they believe have stolen or used their idea if they have such proof because their idea is their intellectual property.That pple hardly do so does not mean they can't. So, if you are using other pple's idea please be smart enough to introduce cosiderable alteration or improvement that will make it possible for you to win a case of of idea use(or idea theft) or that will discourage pple from sueing you. A PERSONS IDEA IS HIS INTELLECTUAL PROPERTY AND HE CAN LEGALLY LAY CLAIM TO IT IF HE CAN PROVE IN A COMPETENT COURT OF LAW THAT IS HIS BRAIN CHILD Every body here may be urging you on because they know that it is common practice and because they have probably done thesame thg too, but pls be smart in doing it. 2 Likes 1 Share |
| Re: Is This A Crime Under The Law? by Whytelyon(m): 6:56am On Nov 01, 2016 |
only a crime when you steal the software and selling without the programmers consent, but improving an idea isn't a wrong thing most times most fellows don't have money to call programmers from India. Relax bro,at the same time, develop other apps too. 1 Like |
| Re: Is This A Crime Under The Law? by 2mNaira: 6:22pm On Nov 01, 2016 |
I think I should say this: using an idea is not a crime.But it can lead to civil law suit that usually end up with the defendant being fined or restrained/compelled by the court or both. |
| Re: Is This A Crime Under The Law? by greatghana: 9:33pm On Nov 01, 2016 |
thanks everyone, I will be smart about it, I don’t want to mention the software here but I will give an example, I will use human resource management application which is very similar to my app as a case study, let me tell you the hiding truth I have developed this application before, but marketing it is very difficult I always ashamed of my application when companies opens what they are using for me which majority are from India. Even if I start improving on what I have, in 10 years I may not meet up with those Indians. This prompted me to do research and start doing same thing and also improve on it. Indians are very good as a matter of fact sometimes I don’t like seeing them around me. They have sold over 10,000 license copy 0f this app in Nigeria at the rate of $1500, most companies said if i can come up with something of the same standard they are ready to drop them. 1 Like |
| Re: Is This A Crime Under The Law? by haggai247: 11:46pm On Nov 02, 2016 |
greatghana:you have a great idea try and find a trusted India you can partner with so you can both improve on it and give it a market value just as the ones developed by the Indian |
| Re: Is This A Crime Under The Law? by Whytelyon(m): 5:55am On Nov 03, 2016 |
haggai247: [size=13pt]Great! The software is of an Indian Author, and you advising him to design the software with the hands of another Indian programmer, do you read about copyright laws, or you think OP is rich to pay $200,000 fine? How do you think and talk. [/size] |
| Re: Is This A Crime Under The Law? by 2mNaira: 11:12am On Nov 03, 2016 |
greatghana: I finally noticed that you actually modified to excluded the part where you said you requested for a demo only to use it for developmental purpose.Based on that your requesting my first post still stands. |
| Re: Is This A Crime Under The Law? by greatghana: 3:57pm On Nov 03, 2016 |
yes, i can see you are judging me by that, i made a mistake the demo software is open to anybody to try is a web-based app, still wondering, because what am designing the layout are different, the arrangement of my form is different, even some word are different likewise i changed some algorithm, i really need to know how the copyright thing work mnairaland: |
| Re: Is This A Crime Under The Law? by greatghana: 4:02pm On Nov 03, 2016 |
i have searched for the copyright note on their website with no luck can they hide this? are you guys saying i should stop the project please advise me |
| Re: Is This A Crime Under The Law? by Whytelyon(m): 5:11pm On Nov 03, 2016 |
greatghana: Lemme make it simple - get in contact with the company, seek their audience if you can develop the same program and you'd give a cut. - or you go the hard way, develop the program and don't worry about the cut. Then when the owner of the program finds out, and drags you to court, maybe you'd have made super sales to pay an attorney for copy right infringement... $200,000 (fines begin from $500 to $150,000) then you also settle attorney charges as well. - or better still, get in touch with another company,seek audience, provide solution and make mega money... I know I did break it down for your understanding.  |
| Re: Is This A Crime Under The Law? by 2mNaira: 5:56pm On Nov 03, 2016 |
greatghana: OK. I wish u a pleasant evening. |
| Re: Is This A Crime Under The Law? by 2mNaira: 6:02pm On Nov 03, 2016 |
greatghana: Cmon.U dnt have to stop.I never suggested dt.I just wanted you to know d implication of your action. The licence shld be in d demo.If u cant find it anywhere just note the date of ur search.U might need it in case of a litigation. Make sure you create considerable alteration like layout change,color change etc. If you actually requested for a demo.Abandon d email address u used snd never use it again so dt nothing can be traced back to you. Make sure you add additional features that the app lacks With all that and all such you should be safe in as much you did not use their source code. If you were able to get their source code just see if you can use a different codinh style. You will definitely be safe. But if in the future smone uses ur idea in like manner, just calm down and let it go. I really don't see you facing any consequence whatsoever for as long as there is considerable alteration and additional feautures. For all they know,the idea could have popped into your mind too. Just do everythg u can tnk off to make your copy look original if you do that they will be the greatest fool in d world to attempt to full you.In fact,as it usually happens,the thought of sueing you may not even cross their mind. The only thg I just did not like was requsting a demo for the purpose of development.But if in deed the demo is publicly available there is really nothing they can do.As far as human eye is concerned your app is different from theirs. Best of luck. Modified: Applications are not like articles and books.It is much more difficult to prove that an idea was used. For the record, no can sue anyone for using the same layout as others. In fact it is a formal well app/web design principle to use the same layout of existing successful apps.That is why most search engine use d same layout as google. |
| Re: Is This A Crime Under The Law? by haggai247: 6:52pm On Nov 03, 2016 |
Whytelyon:the fact the developer is an Indian make it even more interesting a every easy way to bypass the copyright or fine |
| Re: Is This A Crime Under The Law? by Whytelyon(m): 7:49pm On Nov 03, 2016 |
haggai247: [size=13pt] You don't know how this things work. Your argument is 150% blind. I'd like you to have a look. http://www.legalserviceindia.com/articles/In_Copy.htm https://en.m.wikipedia.org/wiki/Copyright_law_of_India And conclude with this http://copyright.gov.in/documents/handbook.html Read this line especially What are the punishments for a criminal offence under the copyright law? The minimum punishment for infringement of copyright is imprisonment for six months with the minimum fine of Rs. 50,000/-. In the case of a second and subsequent conviction the minimum punishment is imprisonment for one year and fine of Rs. one lakh. You don't know how these things work. OP stop talking to this fella [/size] |
| Re: Is This A Crime Under The Law? by haggai247: 8:23pm On Nov 03, 2016 |
Whytelyon:I give up don't always argue when you don't have all the details with some little social engineering op should be able to get an Indian as a front but Mr knowall whyteylon has spoken end of the story |
| Re: Is This A Crime Under The Law? by Whytelyon(m): 9:28pm On Nov 03, 2016 |
haggai247: [size=13pt] Your stupidity is alarming. It's fat. And it shows you don't think. I paste a proof of what I see and the fùck you can offer is rant crap. You obviously don't know shit about anything, both that crap you been displaying to prove you know, you don't know stuff,keep quiet and let someone school you,not rant blindly, enforcing someone to lay himself out as bait because of few coins. You think this is how it works, go ask vice chancellor of Germany how he lost his job due to crap like this, and next time you'd be more careful. Social Fùcking engineering my foot. Like op is doing phishing.nonsense. [/size] |
| Re: Is This A Crime Under The Law? by 2mNaira: 2:19am On Nov 04, 2016 |
. |
| Re: Is This A Crime Under The Law? by 2mNaira: 2:22am On Nov 04, 2016 |
Whytelyon: Hello friend.What the op is doing does not constitute any form of copyright infringement. Copy right as far as softeware is concerned has to do with copying. The op is not commiting any crime.He is writing his own version of the software. The idea could as well have popped into his mind too. Pls this has nothing to do with copy right.No one is copying any one's work here.This is a case of idea use not copying. There can be copy right infringement only if he copied their source code or the work itself. The op wrote his own program and that in far away C# while theirs was written in php. He only looked at d finished work and wrote his own codes from mere observation. There is absolutely no crime in that and and no one's work was copied. However someone's idea, a product of his ingenuity was,used. See: www.google.com.ng/search?q=copy+right+and+software&client=ms-opera-mini-android&channel=new&gws_rd=cr&ei=K94bWLSiMsj0aqaDvKgM And to the op, pls fire on from all cylinders. You are covered. 1 Like |
| Re: Is This A Crime Under The Law? by 2mNaira: 12:17pm On Nov 04, 2016 |
greatghana: You said you changed some algoriths,that means you had access to the source code. If indeed you are using their source code then that is an actual copyright infringement and a crime is involved here. In that case hmn ......Just try to locate the copy right terms and abide by it.If you cant find it just note the date of your search continue.Change the algorithm as much as possible and continue your work while checkg back from time to time for the existence of a licence.You shld be safe buy maybe you also need to pay an attention to the poster who gave copyrigt related advice. Nonetheless, you shld be safe. |
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