Summary
Selling modified software in India depends on the original purchase agreement and intellectual property rights. Even if you made changes, the original copyright likely still applies. Rewriting the entire software might sidestep copyright issues, but substantial similarity to the original code could still infringe on copyright. Consult a local attorney for specific advice.Full Conversation
I bought a web application source code in India and custom coded around *% and now I want to sell the software in India. Can I do it?
Hello ****, selling the software in India would depend on:
- The terms of the original purchase agreement for the source code.
- Intellectual property rights involved.
- Whether the original creators have any restrictions on the selling of modified code.
I would advise consulting with an attorney to be sure.
original agreement says I cannot sell it. But, I made changes to the software
Given your situation, the key points to consider are:
- If the original agreement prohibits selling, it likely still applies.
- Making changes might not give you the right to sell the software.
- You may need permission from the original creators.
- Consider seeking legal advice for more clarity.
For example, that software can be created by anyone. how can they copyright something that can be created by anyone
In general:
- Copyright law protects the expression of an idea, not the idea itself.
- Even if a software could be created by anyone, the specific code used is unique and can be copyrighted.
- Just because you made changes, doesn't negate the original copyright.
- Consult a legal expert for more clarity.
Can I rewrite the entire software and then sell it?
In general, here are some points to consider:
- Rewriting software could potentially sidestep copyright issues if you create a completely new code.
- However, if your code is still substantially similar to the original, it might infringe on copyright.
- Also, if your agreement has a non-compete clause, it might restrict you from creating similar software.
- It's best to consult with a local attorney for specific advice.