XF 2.2 Is it Theft to Copy a Theme's Color Palette?

[Matthew Hutchinson]

I recently tried out a paid theme that includes its own style properties and discovered a few issues that prompted me to remove it after customizing its available options. In the end, the only thing I liked about it was its color palette.

I'd like to create my own theme using nothing more than XF's color palette system. Would it be considered theft to copy the paid theme's palette?

 

[Mr Lucky]

Do you understand the difference between an infringement and theft? Go on, describe it.

An infringement is the breaking of a law or regulation. Theft is the unlawful taking someone’s property, whether physical or intellectual.

(Edit: with IP theft it can usually involve making copies without permission - hence the word copyright, ie the right to copy)

So theft is not the same as infringement, but is just one specific type infringement. Hope that helps.

 

[FTL]

An infringement is the breaking of a law or regulation. Theft is the unlawful taking someone’s property, whether physical or intellectual.

(Edit: with IP theft it can usually involve making copies without permission - hence the word copyright, ie the right to copy)

So theft is not the same as infringement, but is just one specific type infringement. Hope that helps.

No, you're mixing up the two again by calling it IP theft, when it's IP infringement.

I could create more examples of the difference, but my explanation in post 18 really does describe it fully and simply. If that doesn't convince you, nothing will. Having said that, I'll leave you with the dictionary definitions of both words where you won't see the other word used in its definition, making my point.

btw, you should know that I'm not advocating wholesale infringement, just calling the act of copying a copyrighted work without permission by its correct term, that's all. The effect of a copyright infringement on a creator is a matter for another discussion and isn't as clearcut as Big Media with their high powered lawyers allege.

infringement

1. an action that breaks a rule, law, etc.: 2. an action that breaks a rule…

dictionary.cambridge.org

Definition of THEFT

the act of stealing; specifically : the felonious taking and removing of personal property with intent to deprive the rightful owner of it; an unlawful taking (as by embezzlement or burglary) of property; a stolen base in baseball… See the full definition

www.merriam-webster.com

 

[Forsaken]

Gotta love arguments about semantics when both arguments are about the same thing and do not inherently disagree with one another.

The question was does copying colors mean he is stealing or infringing on someone else's work, the short answer is no, the long answer is maybe depending on how much was copied.

The only correct answer is to just ask the person he took inspiration from .

 

[FTL]

Gotta love arguments about semantics when both arguments are about the same thing and do not inherently disagree with one another.

It's not just semantics though. The thread title asks if copying the theme is stealing, but it clearly isn't under any circumstance, because of this critical difference between stealing and infringing. So, could it be infringing? Maybe and I think the various replies to this question in this thread, give quite a good perspective on this.

 

[Forsaken]

...Semantic arguing is arguing over a minute detail to prove that you are more correct than someone else to support your argument, rather than to focus on the intent of the argument. Both you and Mr Lucky are saying the same thing, from different points. Legally the term is infringement, as it deals with copyright; commonly people would say theft or stealing, as it is easier for people to understand.

It is the same argument, it has been answered, and going back and forth over the most correct word is not at all useful as you are just repeating what others have already said.

 

[FTL]

Well, I disagree, the correct terms are important, especially on something so emotive as this, so perhaps we can agree to differ? As far as I'm concerned however, I've set the record straight, so I don't have anything else to add to this.

 

[bzcomputers]

Colors by themselves aren't protected by copyright. A color set can be trademarked, typically this is only granted when a specific product or service is involved, which would not be the case for a generic forum theme.

I have not seen any themes produced for XenForo that were trademarked, although there may be some. If the theme you are wishing to copy colors from is not trademarked (which it is likely not), then technically whoever created it has no legal recourse to claim exclusive right to the intellectual property as far as the colors go. You are then free to use those exact colors on your site.

 

[Mr Lucky]

No, you're mixing up the two again by calling it IP theft, when it's IP infringement.

The whole point is that is both. Like stealing a loaf of bread is an infringement as well as theft. Do you see? Theft is just a particular type of law infringement as is (rape, arson and murder)

I'll leave you with the dictionary definitions of both words where you won't see the other word used in its definition, making my point.

Sure that is one dictionary’s definition of the word without the more specific types such as identity theft or IP theft. Other dictionaries do

btw, you should know that I'm not advocating wholesale infringement, just calling the act of copying a copyrighted work without permission, by its correct term, that's all.

I think the word infringement belittles the crime, how many rape victims would call their attacker an infringer?

The effect of a copyright infringement on a creator is a matter for another discussion and isn't as clearcut as Big Media with their high powered laywers allege.

I’m not trying to say it isn’t an infringement, just that it’s also a specific type of theft that isn’t the same as common “theft” in the commonly used context of stealing something tangible like a car or a loaf of bread. It is recognised as theft by the Federation Against Copyright Theft and also by the Crown Prosecution Service, which can determine whether a copyright case has merit under the 1968 Thefts act (where there needs to be either a loss by the plaintiff and/or a gain by the defendant). In real life, the loss can be financial but also tangible in that you have lost your control over who copies/exploits your work but you may have to prove the first assumption.

It is a term that is becoming more and more part of common usage I think, recognised by some (not all) dictionaries and also by legal bodies. It has happened to me and trust me, deprivation of your rightful control over who copies your work is taking something away from you for their own gain. A perfect example of stealing.

Gotta love arguments about semantics when both arguments are about the same thing and do not inherently disagree with one another.

Yes they can be entertaining or interesting to some. But infringement and theft are not the same thing, although theft is one kind of infringement and both can describe infringement or theft of IP. I have come across the term mostly in my area, which is the music business, but it is recognised widely. e.g.

Theft of intellectual property is widespread, with factories illegallyproducing millions of cheap copies of the latest design of phone.

From:

intellectual property

1. someone's idea, invention, creation, etc., that can be protected by law from…

dictionary.cambridge.org

https://bjs.ojp.gov/content/pub/pdf/ipt02.pdf

https://businesswales.gov.wales/bus...e/intellectual-property-crime/copyright-theft

What is Intellectual Property Theft

Explore what Intellectual property theft is, the history of IP theft, and how to end IP theft for once and for all with Sentinel EMS and RMS.

cpl.thalesgroup.com

 

[FTL]

@Mr Lucky we'll just have to agree to disagree.

I had a feeling my factual post 18 might trigger someone when all I'm trying to do is educate. nvm