Proprietary code

[Londoner]

I recently bought a site which has been created with html and some php for newsfeeds. I also create my own sites and wanted to use some simialr php coding for newsfeeds on my own sites.

The creator of the bought site explains that their newsfeed code is proprietary and cannot be copied, used, etc - which I respect. But I am curious to know to what extent code like this can truly be called 'proprietary?

I have been downloading some free php newsfeed codes and they mostly seem to use similar functions - I don't use php so I cannot code myself but I do have an understanding of the structure; so, again, I wonder what the convention is regarding the copyrighting of code which does a particular job because of the way the programming language works - I mean, there are only so many ways such a code can be created and I wonder how far it is realistic to say that a particular arrangement of code is proprietary?

I want to point out, again, I am not about to copy anyone's code or go anywhere near infringing anyone's copyright; I have too much respect for the sites's creators for that, anyway, but since I am currently learning more and more about php I was beginning to imagine writing my own newsfeed code and I thought - if all the ways of doing this are proprietary then anything I create may well infringe upon someone.

And what if I wrote something similar to a proprietary code such as this and then the person discovered my code - how could I possibly prove I didn't copy it?

[Kareeser]

As people say in the literary and scientific world: Paraphrase.

If you don't use the exact wording, you can't exactly be sued for it. You can't copyright ideas, last I heard.

[mairving]

It is a very grey line with software code. Even if you used his code without changing a thing, he most likely wouldn't be able to do anything in the courts about it. Still if you can get a script that is open-source that will do the same thing why not use it and avoid the risk of a lawsuit or ill will.

[Londoner]

Originally Posted by mairving It is a very grey line with software code. Even if you used his code without changing a thing, he most likely wouldn't be able to do anything in the courts about it. Still if you can get a script that is open-source that will do the same thing why not use it and avoid the risk of a lawsuit or ill will.

Hi, yes I have been looking at free / open source code and just out of respect I wouldn't copy someone's code if they have expressly requested, in their terms and conditions, that I shouldn't copy it.

I was just interested to know what the conventions were in this case and to what extent it was possible to call code proprietary atall. I guess I understand how a full program can be and maybe a small application or utility, but a small script like this?

[mairving]

Originally Posted by Londoner Hi, yes I have been looking at free / open source code and just out of respect I wouldn't copy someone's code if they have expressly requested, in their terms and conditions, that I shouldn't copy it. I was just interested to know what the conventions were in this case and to what extent it was possible to call code proprietary atall. I guess I understand how a full program can be and maybe a small application or utility, but a small script like this?

Basically you can try an make your code proprietary. It is easier if you are doing something quite out of the ordinary or are the first to market with something. If you have enough money then you can maybe convince the patent office that you have something unique like Amazon and their one-click patent. In your case, he can say all that he wants about the code being proprietary but it is highly doubtful that any court will back him because what he is doing is not unique. He may have some leverage with an agreement that you signed but even that is probably vague. After all what exactly in his code is proprietary. Would displaying the HTML or opening the PHP script or just this part of the script or what the script does be proprietary?

[Londoner]

Hi Mairving,
thanks for your posts, and thanks for helping to clarify that for me. I just wanted to check since this isn't really my area and I didn't want to assume anything but freom the sounds of it my instinct on it was about right.

Very helpful, many thanks.