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How to buy a script? legal side of ownership...

Discussion in 'General Business' started by mrx345, Dec 25, 2011.

  1. #1
    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
     
    mrx345, Dec 25, 2011 IP
  2. filegrasper

    filegrasper Active Member

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    #2
    No there is no such document the seller will provide. You wont be sued :)
     
    filegrasper, Dec 25, 2011 IP
  3. mrx345

    mrx345 Peon

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    #3
    How do I know this?

    imagine someone was writing the code for Groupon.com, then changed the job and sold me something what in reality belongs to Groupon?

    this is just an example
     
    mrx345, Dec 25, 2011 IP
  4. filegrasper

    filegrasper Active Member

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    #4
    this is what we called as scamming, no other go.

    If they are trusted seller you can buy, else they will scam you some time.
     
    filegrasper, Dec 25, 2011 IP
  5. mhovingh

    mhovingh Well-Known Member

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    #5
    In your scenario, the programmer was in the wrong as he/she sold something that was property of Groupon. Groupon could go after the programmer for damages, and possibly come after you, but Groupon would likely not bother to come after you. They just wouldn't have enough to gain vs the cost of going to court. Even if they took you to court, a judge would likely not decide in their favor if they were asking you to pay them damages.

    As an unknowing party, you are fairly safe. At worst, you may one day have to cease using the script without reimbursement, though it is very unlikely that Groupon would ever have a clue that you were using a script that was developed for them. I can't think of any case where a judge awarded money to a company from another company that was unknowingly using a script that was originally developed for (and paid for) by the first company. To be safe, keep copies of any communications you have with the programmer and make sure you have something from them stating that they developed the script for you alone. With that, in the even that an issue arises like you described, you have something showing that you were an unknowing party who was a victim as much as the other company (Groupon in your scenario).
     
    mhovingh, Dec 25, 2011 IP
  6. mrx345

    mrx345 Peon

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    #6
    mhovingh, thank you for your response. it's very valuable for me.

    The seller claims that the platform was developed and sold to him by the developers of the original site. Do I need to include this info into this statement. Or it's better to state that the seller developed it for me and forget the history?

    If they sue me and I have to cease using the script - it will be a problem for me cuz I am investing my money into buying this platform and starting business based on it.
     
    mrx345, Dec 25, 2011 IP
  7. aceriker

    aceriker Banned

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    #7
    Surely it would make sense to get in contact with the original site and ask them if they sold the source code and full rights to the software to the developer? If a programmer has created code for a client or for the company they worked for then it is not owned by the programmer. If the programmer claims to have purchased the code you need to get confirmation from the company they bought it from.

    If the site you are looking to clone is quite established and they paid for the software to be custom built it's very unlikely that they would sell the rights to the script to someone else.

    Peter
     
    aceriker, Dec 26, 2011 IP
  8. mhovingh

    mhovingh Well-Known Member

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    #8
    The seller should have some sort of documentation from the people who sold the script to him. Ask him for it.

    From what you said in that last post, it sounds a lot like someone just made a clone script and released it as PLR, or under some similar license. This is far from the first time I have heard someone claiming that they have a script they got from someone who got it from someone else who got it from the original developer of {insert popular website|company here}. When you are dealing with a big site, especially the more corporate ones, developers are usually in-house. Those that aren't are under strict contract and you almost never here they broke that contract, definitely not to sell the script to some random person.
     
    mhovingh, Dec 26, 2011 IP
  9. mrx345

    mrx345 Peon

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    #9
    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?
     
    mrx345, Dec 26, 2011 IP
  10. mhovingh

    mhovingh Well-Known Member

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    #10
    I am no lawyer but I imagine you could use a fairly straightforward contract. Google "sample contract for software sale" or "sample contract for software license", depending on your situation, and you should find something close to what you need.
     
    mhovingh, Dec 26, 2011 IP
  11. aditd

    aditd Well-Known Member

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    #11
    The best you can do is keep the document from where you bought the script. If anything ... show them that you are not involved just using the script from ( with the idea if legal problems then go to the script provider ) and you will shut down the site ( if the problems are that big ).
    But generally if you don't have to much success you won't have any problems.
     
    aditd, Dec 30, 2011 IP