| Posted by remymartin, 12-25-2011, 02:51 PM | | I am going to buy a PHP script which is a clone of a relatively famous web site.
It there any documents that need to get from the seller to be able to use it legally?
I want to make sure that I will not be sued by someone after I set up my web site
Thank you
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| Posted by Steve_Arm, 12-25-2011, 03:25 PM | | It depends.
1. Is the code open or encoded
2. What is the cost < 1K or over 1K
3. Is it used already by others?
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| Posted by Server Management, 12-25-2011, 03:37 PM | | How much of a clone is it?
Exact feature to feature and colour to colour?
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| Posted by tickedon, 12-25-2011, 06:26 PM | | In terms of what you are buying, for all intents and purposes you need to think of it as any other kind of property - do they currently have the rights to it in order to transfer it to you, and does your contract cover that?
The second issue though is whether the site it clones will take issue with it - and there's nothing you can do to really protect from that. Even if they don't have a valid case against you, there's often nothing stopping them trying to bury you in a mountain of litigation...
IANAL though, so you'd be best to seek legal advice from someone qualified in your jurisdiction
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| Posted by remymartin, 12-25-2011, 09:38 PM | | 1. It's open
2. it's exactly 1K
3. not it's not used by others
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| Posted by remymartin, 12-25-2011, 09:41 PM | | Colors, graphic and some part of the static content will be different, but the main functions and UI elements will be the same.
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| Posted by Steve_Arm, 12-26-2011, 04:39 AM | | It's hard to tell. You should make agreement with the current owner or author.
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| Posted by remymartin, 12-26-2011, 11:25 AM | | Thank you for your answers!
Is there any standard form of a contract for my situation that I can find on the Internet or somewhere?
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| Posted by CrankedCode, 12-27-2011, 02:57 PM | | When drawing up a contract for the sale of exclusive rights, some things you want to watch out for:
- Non-compete clause to protect seller from reproducing a similar competing script for X amount of time
- Non-disclosure agreement to protect source code, transaction amounts, any current script customers, etc.
- Copyright clause to declare new ownership for all ownerships and copyrights on script files, database, other resources, etc.
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