Ask HN: Challenges with Creating Open-Source Clones of Commercial Software?
Is there a way to check patents related to a particular piece of commercial software?
Are free and open-source (FOSS) clones susceptible to legal action in the same way that "commercial clones" are?
Some projects copy UX and GUI's extremely closely to the commercial version, is this actually legal?
If you clone it from scratch (without using License restricted libraries), does that protect the project?
Apologies if these are dumb questions... I'm interested in making a clone of a useful piece of CAD software, and am interested in possible implications of copying something.
9 comments
[ 0.26 ms ] story [ 35.1 ms ] threadAre you interested enough to start?
Caring enough to start is the biggest challenge.
Getting anyone else to care is even biggerer.
Worrying about lawsuits is a lot easier, and maybe a tell for your actual interest. Or not. Good luck.
In other words, you're worried about getting sued.
This is always a possibility when you set out to create a "derivative work".
You can create a new copyleft novel about a boy wizard without too much worry. But if you play off some of the characters in a Harry Potter novel or call it "The Free Harry Potter", you're asking for trouble.
In software terms, you can write a new CAD sofware without too much worry. Even copying some existing artistic/UI choices isn't too much of an issue. But what will likely get you in trouble is attempting to make it compatible with some existing software and it's "proprietary" data formats and/or command structures.
In other words, "reverse engineering" is what really tends to raise some legal red flags in software circles.
It's kinda hard to sell this in court as anything other than an intentional attempt to piggyback off of and have an adverse financial impact on prior work. This is what lawyers live for --- redress for harm to others.
Photoshop engineered the format psd files. This is used by for example photopea.com which is more or less a clone of Photoshop but online.
Perhaps that creator might also have some thoughts regarding your questions.
Most businesses are practical enough to avoid a lawsuit unless there is some significant impact. And then only if they feel there is a good chance of success.
The best way to avoid getting sued is to own nothing and earn nothing. You can't get blood out of a rock. Doctors in the USA are ready targets simply because they average $350k per year and have insurance.
Even if it is legal the company can still sue you until you drown in legal bills
Especially when open source developers often makes unsubstantiated claims about the superiority of open source software.
Clearly a lot of open source software simply copy commercial software. GIMP and Libre Office are obvious examples. GIMP even copies the Photoshop many-windows-instead-of-a-single-parent-window UI. Something no other software use (AFAIK).
And I will argue that GIMP and Libre Office (for example) are both very far from being as good as the commercial software they are copying. You might disagree of course but there is a reason why professional artists still pay for Photoshop instead of using GIMP. It simply can’t compete with Photoshop. Even with a $0 price tag!
And the original author clearly states that he/she/it/they wants to copy commercial software without even trying to come up with something superior. Continuing the open source developer tradition of copying the work of others. Not something to be admired or encouraged.
> Copying the creative work of others is not admirable or something to be encouraged I think.
Of course it is. I literally play in a cover band where people come to listen to us "copy the creative work of others".