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  1. #101
    SitePoint Wizard jumpthru's Avatar
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    oh my gosh!!!

    turns out http://www.day-spring.net/ copied the "coming soon." page from me!!!

    <!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN">
    <!-- saved from url=(0029)http://www.natehouk.com/ -->
    see look http://www.natehouk.com. You can even check the source!!

    -Nate

    P.S. Why do you accuse http://www.flavarites.com/ of copying sitepoints design? That is nothing at all like sitepoints...just cause they alternate the colors on the left. geese...

  2. #102
    SitePoint Wizard silver trophy TheOriginalH's Avatar
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    Flavarites

    I don't think this actually bears much resemblance to Sitepoint at all - you definately wouldn't mistakenly believe it was representing or connected to Sitepoint - so passing off laws will not apply.

    Blatant stealing of code is one thing - a vaguely similar design is another.

    H
    ~The Artist Latterly Known as Crazy Hamster~
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  3. #103
    SitePoint Addict certify's Avatar
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    What if someone copy your design and alter it here and there. If that illegal?
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  4. #104
    SitePoint Wizard silver trophy TheOriginalH's Avatar
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    - You just asked a question which is going to make IPR lawyers a hell of a lot of cash internationally in the coming years

    H
    ~The Artist Latterly Known as Crazy Hamster~
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  5. #105
    SitePoint Member
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    I saw fin this thread that someone searched the names of generic graphics. How do you do that?

  6. #106
    One website at a time mmj's Avatar
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    Originally posted by certify
    What if someone copy your design and alter it here and there. If that illegal?
    Good question. The short answer answer:yes

    For the long answer, you'd have to consult a lawyer but as a rule of thumb, as long as one or more aspects of design have been reproduced then it is covered by copyright law and subject to the restrictions thereof.

    You may ask: if that's illegal, that what is legal? Well, if you see somebody's site, get an idea, and decide to implement that idea, it is usually legal. However, if the idea involves reproducing any design consideration, likeness or content from that person's site, then it is subject to copyright law.
    [mmj] My magic jigsaw
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  7. #107
    SitePoint Wizard silver trophy TheOriginalH's Avatar
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    & what you've just said will vary from country to country (if applicable at all), depend on whether the venture for which the design is used is for profit or not, depend on the designers location, the purported owners location and of course the location of the server dishing out the suspect design.

    Like I said, loadsa dosh for international IPR lawyers.

    H
    ~The Artist Latterly Known as Crazy Hamster~
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  8. #108
    One website at a time mmj's Avatar
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    Originally posted by TheOriginalH


    Like I said, loadsa dosh for international IPR lawyers.

    H
    And unfortunately, the average webmaster is not going to see any of that dosh.
    [mmj] My magic jigsaw
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  9. #109
    SitePoint Member
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    Our mission at Dayspring Internet is to provide everything you need to get your Web-based business off the ground—including these valuable extra services:

    • COPY WRITING
    Websites are tools for communication. You may have great ideas for an online business, but expressing those ideas to your customers is an art unto itself. Our staff writers are not just good communicators, they're website-copy specialists.
    LOL!

    they're website-copy specialists
    You bet!

    ....GB

  10. #110
    Skills to Pay the Bills Sparkie's Avatar
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  11. #111
    SitePoint Wizard silver trophy TheOriginalH's Avatar
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    :
    ~The Artist Latterly Known as Crazy Hamster~
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  12. #112
    SitePoint Enthusiast malleron's Avatar
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    Originally posted by HumanClay


    What about those, like myself, who live in the MidWest... WE have no accent!!!
    Hehehe...that's not what people said to me for the first 5 years of living in Texas (after moving from Milwaukee)!

    Suffice it to say, if I never hear another Laverne & Shirley joke it will be too soon.
    Jenny

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    ...living the backstory...

  13. #113
    Database Jedi MattR's Avatar
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    Luckily our website design is fairly unique; someone doing a blatant rip-off would be quickly beaten down.

    However remember UBB -- they are the first to really 'go mainstream' with the bulletin-board look and feel (e.g. posts, threads, forums, etc.) which everyone and their mother (including mine) has copied.

    However it was just a logical design so maybe it couldn't be claimed to have a certain stylistic portion (e.g. the little curved part of sitepoint.com in the upper left) that was ‘copyrightable’.

    However yes, the wholesale thieving of sites is illegal. I believe in current copyright law if you re-do the design yourself then it is *ok*. That is to say, if I print out sitepoint.com and then develop it from scratch (with my logos, colors, etc.) I think you can’t claim copyright infringement. Emphasis on *think* but when Rivals.com went down there were/are two factions vying for their traffic. They wanted to duplicate Rivals to the letter and were allowed to do so as long as they change the name and such and didn’t copy the source code directly. I think the same applies to most/all sites.

  14. #114
    Rusted & Weathered HumanClay's Avatar
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    Originally posted by malleron
    Hehehe...that's not what people said to me for the first 5 years of living in Texas (after moving from Milwaukee)!
    Hehe, that's because they are so used to their accent!! How could you move out of Milwaukee... it's a great city!!! (aside from the smelly lake front!)
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  15. #115
    SitePoint Enthusiast malleron's Avatar
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    Originally posted by HumanClay


    Hehe, that's because they are so used to their accent!! How could you move out of Milwaukee... it's a great city!!! (aside from the smelly lake front!)
    True, true....believe me, it was hard...especially since I was a teenager at the time and moving wasn't my choice...I grieved terribly over leaving everything -- good and bad -- that was familiar. Especially Summerfest (which was the only thing that made those grotesquely humid summers tolerable).

    Actually, moving from Milwaukee to Texas was akin to moving from 'the old neighborhood' to a foreign country. The only thing that was the same was the currency. Needless to say, assimilation proved to be quite an adventure and I'm actually quite grateful for it.

    Of course, that's not to say I don't still have my accent....get me angry enough and you'll get an earful of those flattened vowels in short order. But since I still get teased when that happens (even after 16 years) I do my best to measure my speech before I open my mouth in haste.
    Jenny

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    ...living the backstory...

  16. #116
    will code HTML for food Michel V's Avatar
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    Oh by the way, I just found this e-mail that was trapped somewhere in my mailbox unnoticed. It's a reply to the same e-mail I sent.
    Just thought it might be of interest for the "it's the webdesigner who did it" argument. Enjoy.



    To: "michel v" <michel@dayzero.org>
    Subject: Re: i pity your clients


    Actually,
    I needed something to put up really quickly to show someone interested
    in some design. I am a programmer, not a designer, and I hadn't managed
    to hire a designer yet, so I just copied something really quick. That isn't
    even the active company name.


    Out of curiosity, how in the heck did you find that site? It's had a total
    of like
    3 visits in 3 months.


    Oh well.




    ----- Original Message -----
    From: "michel v" <michel@dayzero.org>
    To: <info@day-spring.net>
    Sent: Saturday, June 16, 2001 6:42 AM
    Subject: i pity your clients



    > How dare you charge $300 for designs that you copy on other sites ?
    > You are a shame to the real professionals.
    >
    > michel v
    > http://dayzero.org
    >
    [blogger: zengun] [blogware contributor: wordpress]

  17. #117
    Team SitePoint AlexW's Avatar
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    The topics probably starting to wear a bit thin now, but as a continuation on the "I am a programmer, not a designer" theme, there was very little evidence of any classy coding skills involved from what I saw. Day-spring was static FrontPage HTML . The Prestonburg site uses a stock standard 'web-portal-in-a-box' service that you pay for by the month. Couldn't find any evidence of custom databases, java, asp, php etc that a programmer might use. In fact, he didn't even use a garden-variety 'sendmail.pl' CGI script on his 'Contact Us' page... just a mailto link. Make what you want of that

    On the copyright issue, even making the graphics again from scratch isn't enough to get you off. That's like saying you can design some running shoes, trace the Nike tick, and sew it onto the side. You can't do it.

    Likewise, I designed a Flash animation a while back that was a James Bond parody. I originally used the James Bond theme music to back it, but had to change it after legal people examined it. The finished product was seen to 'derive significant commercial and artistic benefit by the use intellectual property created by a third party without the express consent and agreement of that party'.

    Something along those lines anyway. Quite simple, the animation was better with the theme music than without it, even though the soundtrack only made up a minor part of the total product. The fact that it was a parody was no technical defence either.

    As has already been pointed out, copyright law and it's interpretation is huge business and varies from country to country, but there are probably some reasonable 'rules-on-thumb' you can draw from those examples.

    Alex
    Alex Walker
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  18. #118
    SitePoint Enthusiast norfett's Avatar
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    Can anyone tell me, can I associate copyright to images, or do I need to register images for copyright?
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  19. #119
    ********* Callithumpian silver trophy freakysid's Avatar
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    norfett, this is not the answer to your question. However, I asked a related question in a relevent thread about registering copyright in the web design forums a few months ago.

    It appears that in some countries you can register copyright. My understanding from that thread was that, in the USA registering your copyright makes taking civil action to protect the copyright easier because the act of registration invlolves establishing your claim to copyright. So I did some reading into the matter. In the USA you are required to lodge a copy of your published work (be it a book, music recording, etc) with the Library of Congress. In this case it seems quite reasonable to additionally register for copyright as this is also handled by the Library of Congress.

    All that is irrelevent to me, because in Australia there is no process of registering copyright. However, I am still curious to know whether anyone in the USA or elsewhere actually does register copyright on their websites or elements there-of. It seams that it would be a rather complicated affair. Well, I got no response to that question.

  20. #120
    SitePoint Enthusiast norfett's Avatar
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    Well, found out that in the UK you dont have to register text, nessasarily, but its optional to register Content, Design and Images - which I'm now doing. It costs £30 GBP for 5 years, or £60 GBP for 10 years. from www.copyrightservice.co.uk

    Dont know about other countries though


    Pete
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  21. #121
    SitePoint Wizard edshuck's Avatar
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    hi

    just stopped by the site in question and it just says "coming soon".

    all the members at SP contribute to the success of the site and although the ownership is legally SP, every member is ripped off by the action of the posting.

    peace

  22. #122
    SitePoint Author Kevin Yank's Avatar
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    Here we go again, everybody...

    http://www.nycasians.com

    Just to preemptively let everyone know that we're aware of this and taking steps.
    Kevin Yank
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  23. #123
    SitePoint Wizard jumpthru's Avatar
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    It seems you guys think you own the web. Yea they were inspired slightly by your design. And all they really sort of copied woud be the footer, which isn't that close...

  24. #124
    SitePoint Evangelist mad-onion's Avatar
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    I personally think that site stretches what is a breach of copyright and what isnt!
    That site is "based" on the SP design but it isnt really copy!

    I will be interested to hear what others have to say though..
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  25. #125
    SitePoint Evangelist mad-onion's Avatar
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    Posted at the same time jumpthru...almost anyway
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