Ask HN: Challenges with Creating Open-Source Clones of Commercial Software? | Hacker News Reader

Ask HN: Challenges with Creating Open-Source Clones of Commercial Software?

12 pointsgitgud9 comments

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.

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I'm interested in making a clone of a useful piece of CAD software, and am interested in possible implications of copying something.

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.

I would like to highlight a counter example with regards data format.

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.

One additional point --- just because you can be sued doesn't mean you will be.

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.

I'm interested in making a clone of a useful piece of CAD software

Are 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.

Relevant: https://en.wikipedia.org/wiki/ReactOS#Internal_audit

> Some projects copy UX and GUI's extremely closely to the commercial version, is this actually legal?

Even if it is legal the company can still sue you until you drown in legal bills

Why is it that so many open source developers simply copy commercial software instead of coming up with better ways to solve the same problem? Copying the creative work of others is not admirable or something to be encouraged I think.

Especially when open source developers often makes unsubstantiated claims about the superiority of open source software.

Why the downvote?

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.

Probably because they like a piece of software, but would rather use an open source solution.

> 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".

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