Software cloning legal questions.

[baz8]

I am getting a program to make a new program, similar to another program. The programmer will be creating it from scratch. We will be using the same ideas and similar display as another company, but we will have different features, and simplizing the program. The display will be slightly different.
Is this illegal? The process in which the program works will be different then the original as well.
Thank you.
Gordon.

 

[divgradcurl]

"Is this illegal?"

It depends. If the software's functionality is patented, then any new software that has the same or similar functionality would potentially infringe on the patent, whether it was created from scratch or not.

If the software is only protected by copyright, then the answer is "it depends." Ideas cannot be copyrighted -- however, you go on to say that you will doing things in a "similar" manner and it will be "slightly different." If your software ends up looking too similar, or having only a slightly different display or look and feel, you could certainly be potentially liable for infringement.

"The programmer will be creating it from scratch"

But has the programmer ever seen the other program? If you truely create something from scratch, never having been exposed to the other software, then it doesn't matter if you are similar or not -- there would be no infringement. However, ANY exposure to the other work would eliminate this defense...

Your best bet is to talk with an experienced copyright lawyer prior to spending a lot of time and money on this project, just to make sure you are in the clear.

BTW, what state are you in?

 

[baz8]

Thank you for the reply, excellent.
how do I find out if it is patented?

 

[baz8]

Sry, I'm in Manitoba Canada.

 

[JETX]

"Sry, I'm in Manitoba Canada."
*** In that case, copy the program and code. Who cares..... its Canada!!

 

[baz8]

lol, pretty much.
But I wasn't too sure how something like this would work. I know it's harder to sue someone if they are in the US and I"m in Canada, but I thought this may be something different/bigger.