Is this design/layout theft?
 

ok, I really don't know how to deal with stupidity, so I'm posting this here.

Here is my affiliate program created about 2 years ago:
http://www.123-cash.com/
http://www.123-cash.com/tools.html
http://www.123-cash.com/join.html
http://www.123-cash.com/wm_resources.html

I designed this site myself, design is very simple, nothing special about this. Just short preview and promotional tools.

Few days ago I accidentally found this site, it's affiliate program for paysite belonging to the same niche as mine:
http://www.sp-money.com/
http://www.sp-money.com/content.htm
http://www.sp-money.com/ccaffiliate.htm
http://www.sp-money.com/resources.htm

I had some nice conversation with the owner of this program, these are few quotes from emails he sent me:

'For one I didn?t copy any layout. That?s just a basic layout with an image on top (not to mention my image is totally different from yours). What?s so unique about that? Yes, the font is the same which probably is what makes the two sites look similar, but what is actually being said is totally different.'

'But hey, I?m not an asshole even though you appear to be one, so point out some specific things you would like to see changed and I?ll try to oblige to your wishes.'

'Again, I don?t want to seem like the villain, bad guy, or ?copyright infringer? in this situation so I?ll ask you again what I could change about sp-money.com that would make you happy. I guess changing the font would be step number one. Possibly, placing all text in a bordered table perhaps? Any other ideas you may have are open to consideration.'

The last two quotes killed me. He copies my design and wants me waste my time thinking how he could make stolen site look different from origin...

All I want the owner to use his own design/templates, however he doesn't see the problem here, as he 'didn?t copied any layout'.

I'm posting this because it's not 100% copied site and I wondering can this be considered as design/layout theft.

Your opinions are welcome :)

The design is too simple to be considered stolen... but it was definately inspired.

Both designs pretty much sucks arse IMO ... but it's definitly inspired

they're thieves plain & simple.

Personally, IMO, you need not do anything at all. I think when webmasters see that these people are thieves, they wont use their program. After all, If they can steal a simple little design, chances are there's other stolen stuff.
It does look extremely similar & yes, I say they definately used your design as the basis. They probably downloaded the whole site into an editor & made whatever changes to it. If you have a lawyer friend, have him or her send a C&D demanding change design within 72 hours & if non comliance threaten tort.

looks like he/she is a GFYer the site is down :1orglaugh

It wasnt stolen but it was inspiration indeed. I would suggest you to go and improve your own affiliate program design, it's almost 2006 you know :thumbsup :)

Your bullets are square and his are diamonds. I see no resemblance.

:winkwink:

How can you claim you even have a right to that template/layout? All it is, is a header graphic, 5 square buttons, and some bulleted html lists. This guy may have been inspired by your layout, but it's way too basic to claim you own it and that no one should copy it.

it's still up.

Irregardless if it's a simple little layout with minute changes, it is still morally wrong. I remember a big thread not so long ago about a simple form being copied & many replied, with comments like "Get over it, it's just a stupid form" & others were against the idea of copying in general. Don't matter if it's simple or elaborate, what matters is that the other party had no creative talent to devise something on their own, so downloaded a whole site to copy & made what changes necesarry. It's just wrong, & yes, it IS STEALING!!!!


to prove my point. Go steal a car. Paint it a different color, put different rims on it & put fuzzies on the mirror. When the cops pull you over, tell them you didnt steal it, that you were just inspired & it's not the same car, see, it's a different color & has different rims & besides, the other car didnt have fuzzies in the mirror.

I totally agree ... There is no way I'd use design theif as my sponsor programs

I agree with your opinion, but that's a poor analogy.

IMO - I'd really be more worried about how dated your design looks instead of worrying about if someone 'stole' it. The site looks very 1997, and you'd get farther with a complete redesign then wasting another second on if this guy stole it or was just inspired by it. Was it right or wrong? Not gonna get into that. Is it time for a redesign anyway? YES!

You got my point very well.

Also design is relative understanding, even if it's simple it's still site design. Both sites looks very similar now, they have the same structure and graphics are only slightly changed. The whole site view and concept is the same. Not to mention they are both affiliate programs for the same squirting niche paysites.