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Copyrighting Your osCommerce


Baby Boy

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I realize that on the bottom of all osCommerce software install's it labels it to say Copyright osCommerce.

 

I respect the right of osCommerce and its software coding and such but I am having a bit of problem to debate.

 

Now they say that when you edit the template, on the frontend you have the right to remove it from saying Copyright osCommerce in the footer, but it must stay within the code and in the backend.

 

Now see, I am planning to simply purchase a template for maybe exclusive rights and integrate it into osCommerce.

 

Now at the same time I have almost 46 contributions installed that I did all by myself, so it is not no CRE Loaded or any other pre-modded version of osCommerce yet I still am having a problem.

 

Basically, my problem is that I don't want people stealing my template code, I've added no right click but of course, we all know that it doesn't 100% effectively work, so I am deciding to take an easier route.

 

Now I am only 16 and do not have a "personal" lawyer, but if it came to it, I could hire me one maybe to handle the person infringing.

 

My thing is, although osCommerce is copyrighted and the copyrights still stand in the files and in the administrator background but removed on the frontend, can I purchase something like C-Site and copyright it the store? (Like images, privacy policy duplicating, description copying, etc.) Also, I'd like for it if possible the copyright to be in place for my modified osCommerce code too since I do not plan to re-distribute it and I did it all myself, I don't want it to get leaked out online.

 

Somebody please help me......

Installed Contributions: AJAX Menu, AJAX Attributed Manager, AP URL ReWriting, Credit Class and Gift Vouchers, CCGV Report, Date of Birth PullDown, FCKEditor for Product Desc., Monthly Installment Payments, More Pictures 6, MSRP Savings, Must Agree to Terms on Checkout, Order Editor, Payment Method Fee, PopUp Promo, Private Messages, Purchase Order, Purchase Order Application, Secure Admin Login-Logout, STS Plus, SugarCRM Integration, Supertracker, Tax Exempt and Organization Discounts, Your Recent History.

 

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The images you make and the text you write are yours. Whether you put a copyright notice on the site or not. If you have changed the look of osc enough that it no longer looks stock you can put your name there and remove oscs, but not in the admin (if i remember correctly) and you must leave the copyright in the coding.

 

If you are unsure you could always say something like copyright me 2005, Powered by osCommerce. I think that is ok, but am not 100% possitive. Someone else will come along that knows for sure.

Wendy James

 

Creativity is allowing yourself to make mistakes. Art is knowing which ones to keep.

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I realize that on the bottom of all osCommerce software install's it labels it to say Copyright osCommerce.

 

I respect the right of osCommerce and its software coding and such but I am having a bit of problem to debate.

 

Now they say that when you edit the template, on the frontend you have the right to remove it from saying Copyright osCommerce in the footer, but it must stay within the code and in the backend.

 

Now see, I am planning to simply purchase a template for maybe exclusive rights and integrate it into osCommerce.

 

Now at the same time I have almost 46 contributions installed that I did all by myself, so it is not no CRE Loaded or any other pre-modded version of osCommerce yet I still am having a problem.

 

Basically, my problem is that I don't want people stealing my template code, I've added no right click but of course, we all know that it doesn't 100% effectively work, so I am deciding to take an easier route.

 

Now I am only 16 and do not have a "personal" lawyer, but if it came to it, I could hire me one maybe to handle the person infringing.

 

My thing is, although osCommerce is copyrighted and the copyrights still stand in the files and in the administrator background but removed on the frontend, can I purchase something like C-Site and copyright it the store? (Like images, privacy policy duplicating, description copying, etc.) Also, I'd like for it if possible the copyright to be in place for my modified osCommerce code too since I do not plan to re-distribute it and I did it all myself, I don't want it to get leaked out online.

 

Somebody please help me......

 

as with all copyright, there is still the burden of proof. Even if someone would be able to enter your site and copy the actual code you created. How do you intend to prove that code actually belongs to you ? The same goes for your site design, if someone copies it entirely and puts it up as his own site, how do you intend to prove it was your design to begin with.

 

You see, it is peanuts to put copyrights all over the place but enforcing it is a whole different matter.

 

So I would see copyrights benefitial for those things you are doing business in.

Music for a music company, code for a software company etc.

But for a website which only uses the code as a tool to do the business, copyrighting that toolset is a waste of time and effort. Unless you are also a lawyer ofcourse.

Treasurer MFC

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Boxtel, I am going to use C-Site to copyright the design of the site, as if I am paying more then $1000 out on a template for exclusive rights, I'll be darned if I am letting somebody take my template.

 

I contacted the government that organizes C-Site copyrighting and they said they have a graphics engineer that takes a snapshot of the template and the store and each of its pages, put it in an official database and saves it. If I ever run into somebody using it, they can properly report it to the authorities and let it go from there for infringing copyrights.

 

I mean I am only 16 so if it came to it, I'd sue them, with me being 16, it'll be a problem to counter sue me back. But yeah, I am saying, I am getting the template copyrighted as I mean that is a $1000 plus more that I'll be danged if I am letting somebody else take my design, that'll be outrages right there.

Installed Contributions: AJAX Menu, AJAX Attributed Manager, AP URL ReWriting, Credit Class and Gift Vouchers, CCGV Report, Date of Birth PullDown, FCKEditor for Product Desc., Monthly Installment Payments, More Pictures 6, MSRP Savings, Must Agree to Terms on Checkout, Order Editor, Payment Method Fee, PopUp Promo, Private Messages, Purchase Order, Purchase Order Application, Secure Admin Login-Logout, STS Plus, SugarCRM Integration, Supertracker, Tax Exempt and Organization Discounts, Your Recent History.

 

23 Total Contributions Installed :)

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Actually, if it comes down to it you can prove the date an image was created on your computer, or the date a file was written. You can enforce copyright of your data. Pain in the butt, but you can do it.

Wendy James

 

Creativity is allowing yourself to make mistakes. Art is knowing which ones to keep.

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... Pain in the butt, but you can do it.

If it becomes a lawsuit then it becomes a very expensive pain in the butt.

 

Without a lawyer you can send them letters demanding they cease using the copyrighted material and you cause them trouble with their hosting provider. To go any further will usually require legal assistance.

Rule #1: Without exception, backup your database and files before making any changes to your files or database.

Rule #2: Make sure there are no exceptions to Rule #1.

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Hopefully the business will do good via my marketing plan that I have, if so then hey, no problem with finding a good lawyer :D

Installed Contributions: AJAX Menu, AJAX Attributed Manager, AP URL ReWriting, Credit Class and Gift Vouchers, CCGV Report, Date of Birth PullDown, FCKEditor for Product Desc., Monthly Installment Payments, More Pictures 6, MSRP Savings, Must Agree to Terms on Checkout, Order Editor, Payment Method Fee, PopUp Promo, Private Messages, Purchase Order, Purchase Order Application, Secure Admin Login-Logout, STS Plus, SugarCRM Integration, Supertracker, Tax Exempt and Organization Discounts, Your Recent History.

 

23 Total Contributions Installed :)

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I used to have a website for myself about freelance web design work. Someone actually took the entire site (images, text... even my resume) and made it "their own" without changing anything but maybe one paragraph. Heck even my meta tags were the same.

 

After several emails and a letter to their host the site was taken down. Whether they did it (they never responded) or the host did I have no idea but if you can prove they took your stuff and they don't respond going to their host is definately a good idea before you get lawyers involved. Most hosts (well all hosts shouldn't but obviously some are better than others) will not tollerate theft or copyright infringement.

Wendy James

 

Creativity is allowing yourself to make mistakes. Art is knowing which ones to keep.

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Actually, if it comes down to it you can prove the date an image was created on your computer, or the date a file was written. You can enforce copyright of your data. Pain in the butt, but you can do it.

 

sorry but that will not work, set your system clock back, create a new copy and there is the new creation date, in the past.

Treasurer MFC

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I used to have a website for myself about freelance web design work. Someone actually took the entire site (images, text... even my resume) and made it "their own" without changing anything but maybe one paragraph. Heck even my meta tags were the same.

 

After several emails and a letter to their host the site was taken down. Whether they did it (they never responded) or the host did I have no idea but if you can prove they took your stuff and they don't respond going to their host is definately a good idea before you get lawyers involved. Most hosts (well all hosts shouldn't but obviously some are better than others) will not tollerate theft or copyright infringement.

 

true but what if they had contacted your host and demanded that you would be taken down because they would claim that it was you who had taken their design.

Then you would not be so happy about hosts that do that based on say so.

Treasurer MFC

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Its a shame of online thieves and boxtel since you think you know a lot about copyrighting and keeping your stuff protected, what would you say be your opinion? Lastly, I'll tell you one thing, I'll contact their hosts ASAP. If the thief takes it and tries to say it was theirs and your host takes your design down. Contact templatemonster.com and provide the purchase information (possibly receipt or database information that provides YOU purchased the template) and compare it with the information in your hosts.

 

See, I could buy a exclusive design, it logs into templatemonster.com database and then if somebody takes it, I'll tell the person's host to take it down and provide details to my host from templatemonster.com the purchase information (my first and last name, birthday, address and all) and compare it with the info the host has, that'll get them to believe it was YOUR purchase and then you can go from there to have the person's site removed or even sue them.

Installed Contributions: AJAX Menu, AJAX Attributed Manager, AP URL ReWriting, Credit Class and Gift Vouchers, CCGV Report, Date of Birth PullDown, FCKEditor for Product Desc., Monthly Installment Payments, More Pictures 6, MSRP Savings, Must Agree to Terms on Checkout, Order Editor, Payment Method Fee, PopUp Promo, Private Messages, Purchase Order, Purchase Order Application, Secure Admin Login-Logout, STS Plus, SugarCRM Integration, Supertracker, Tax Exempt and Organization Discounts, Your Recent History.

 

23 Total Contributions Installed :)

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Its a shame of online thieves and boxtel since you think you know a lot about copyrighting and keeping your stuff protected, what would you say be your opinion? Lastly, I'll tell you one thing, I'll contact their hosts ASAP. If the thief takes it and tries to say it was theirs and your host takes your design down. Contact templatemonster.com and provide the purchase information (possibly receipt or database information that provides YOU purchased the template) and compare it with the information in your hosts.

 

See, I could buy a exclusive design, it logs into templatemonster.com database and then if somebody takes it, I'll tell the person's host to take it down and provide details to my host from templatemonster.com the purchase information (my first and last name, birthday, address and all) and compare it with the info the host has, that'll get them to believe it was YOUR purchase and then you can go from there to have the person's site removed or even sue them.

 

I don't know diddly about copyrighting but I do have a reasonable amount of common sense. And that tells me not to bother with copyrighting things that do not directly relate to your business. I dont sell webdesigns nor php code nor js. So I would be crazy to pursue copyrights for that.

 

so my opinion: let it go as no design I have seen on this forum (including my own) merits such considerations.

Treasurer MFC

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The British Library holds copies of my eBooks in case of copyright dispute. I have had to use the service once (so far) when someone started selling my work on eBay.

 

I do not know if this service extends to worldwide customers. I do not know if they would hold copies of a website design. But it maybe that there is some process in your country that allows the same sort of thing.

 

What the original poster needs to understand is that purchasing a website template from Template Monster does not give you sole rights to that design (even if purchased exclusively). Many others may have previously purchased that template and they would all have the right to use it. In addition, the original copyright holder (the creator) would also have the right to use it (unless specifically given up).

 

As a 16 year old, you are not old enough to enter into a contract with Template Monster, thus you have no recourse rights should anyone want to rip off your design. No contract = no recourse.

 

Bear in mind that I am not a lawyer, so any (or all) of the above may be total BS. Or maybe not.

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Baby Boy I think you are being a little nieve as to the workings of the world. You bought an exclusive template from a company, so what. That doesn't mean that they have not previously sold that template, it does not mean that they have previously sold distribution copies of the template. Most of the templates on that site I have seen on a thousand other template companies sites. Did you buy the exclusive right from one company or all 1,000 companies? Was this template ever sold before? Was the contract for ALL distribution of it or just from the one company?

 

If you ever do find the same template on another site I would get some facts straight before you go and sue them for it. They might have a legal right also to use it if they purchased it before you or from another company.

 

By buying the exclusive rights you are limiting the number of sites that will look exactly like yours but not eliminating them all. Plus there are 100 million web sites out there, who cares if a few look the same. You have limited other peoples choices for design, that is a good move but to spend your time worring about it makes no sense.

 

Concentrate on running "your" business and less on what other people may or may not do and you will be sucessful.

 

I paid a lot of money for my design and I couldn't care if someone steals it. I do care if someone steals my text becuase SE's do not like duplicate text on web sites and that will affect my PR. SE's don't look at design. If there is another web site out there that looks like mine chances are I will never find it nor will any of my customers so why worry about it. My site was live for less than 24 hours and it appeared on osC fork companies web sites as an example of what "their" template could do. I'll take the free links and the traffic.

 

Anyone who asks I will tell them how my site was designed and they can do it for themselves. It is no big secret, just standard osC. (done well IMO)

 

You purchased a good design, now worry about all the other things that go into making a web site sucessful and stop worring about thing that do not matter until it does affect your business (which at this point in time it is not). You have done one project (design) now move on and get the other one thousand projects done.

 

Peter

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true but what if they had contacted your host and demanded that you would be taken down because they would claim that it was you who had taken their design.

Then you would not be so happy about hosts that do that based on say so.

 

My host can look and see when I uploaded pages to my space and so on and if it came down to it the other persons host could do the same. There are ways to verify things.

 

Usually when someone steals something and they are called on it they back down and remove it even it takes some nudging to get them to.

Wendy James

 

Creativity is allowing yourself to make mistakes. Art is knowing which ones to keep.

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Java Roasters, I am insulted by your rude sayings, for real. I mean I don't know how YOU work on the system but this is my site, I don't want a $1000 tempalte purchased and somebody takes it, and for the records, I request to know if a template has been purchased, even if once before purchasing a template, so yeah, I don't want me theme taken, if you do, thats you, dont comment negatively.

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There is no such thing as "copyrighting." For some time now, copyright has been an inherent right.

 

Also, if you buy an exclusive license from TemplateMonster, you do not own the copyright to the work. The author retains ownership; you are granted a license to use the work. Read the terms.

The only thing necessary for evil to flourish is for good men to do nothing

- Edmund Burke

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oops sorry that should be "unique price" license from TemplateMonster and not "exclusive license." TemplateMonster does not grant exclusive licenses on the templates it sells. All of its licenses, including if you pay the unique price are non-exclusive.

 

Again read the terms (Our website grants you non-exclusive limited license to use the web templates and other products sold through our web site by independent content providers...)

 

Also, once again with TemplateMonster, you do not have any kind of intellectual claim over the design... read those terms (You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of independent content providers...)

 

If you are not sure what an exclusive license is vs. a non-exclusive license, consider picking up a book on copyright basics.

The only thing necessary for evil to flourish is for good men to do nothing

- Edmund Burke

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Dustin, if you're really worried about copyright, you should consult a lawyer up front to clarify your options. IMO, there is good advice above, but it would take a lawyer to confirm.

 

My understanding as a layperson is similar to dreamscape's...that the template author retains copyright for his/her work. For you to gain that right, the author would specifically have to grant it to you in writing.

 

"The parties agree that the work is a 'work made for hire.' In the event that a court should deem the work to not be a 'work made for hire,' Party A immediately upon such determination assigns to Party B all right, title, and interest in and to the work."

 

http://www.gigalaw.com/articles/2000-all/l...000-04-all.html

"Buy the ticket, take the ride..." -HST

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you don't even have to really look to the law in this case... there is a contract between you and template monster. If you look to the contract, it clearly states when you buy a template, you are granted a "non-exclusive limited license" to use the template for one website. In laymen's terms that says you are not the copyright owner, you do not have exclusive rights to this item, you cannot do anything you want with it, you cannot pursue infringement cases regarding this item, etc.

 

Worry about your copyrights and protecting them when you either (1) create something yourself, (2) hire someone to create something for you - work for hire, or (3) obtain an exclusive license to one or more of the exclusive rights on a work somebody else owns

The only thing necessary for evil to flourish is for good men to do nothing

- Edmund Burke

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