March 19, 2007

Ridiculous: One Digg Clone Takes Legal Action Against Another Digg Clone

Michael Arrington

58 comments »

File this under “ridiculous.” Digg clone SuperGu has sent a cease & desist letter to (open source) Digg clone Pligg alleging a number of copyright infringements.

Among the complaints: SuperGu is claiming ownership to ajax effects, sidebars, login boxes, “read more” links, navigation tabs, the expression “Powered by”, tags, the RSS icon and other common web design elements and layouts.

The overall layout and functionality of your yget template is similar in look and feel to SuperGu’s software. First, the location and shapes of the vote box are substantially similar with only a minor variation of inverting the chevron between the vote option and total vote tabulator, Second, the navigation tabs along the top of your yget template, “Published,” “Unpublished” and “Submit a new story” are identical. Third, the left side vertical menu on SuperGu has only been shifted to the right side. Fourth, the “Search” field is in the same location as SuperGu. Fifth, the “sort” feature located underneath the search field is in the same location as SuperGu despite the utilization of different words to achieve the same meaning to the user. Sixth, the “RSS” button (top right) next to “sort” and underneath “search” is similar to SuperGu’s RSS icon. Seventh, the “Tag” feature is located in identical location as SuperGu’s placed in the storybox beneath “posted by” and above “story description.” Eighth, the “Storybox” is the same location as SuperGu and includes the same features of “comment,” “Add the link to…” (Save), and “Tell a friend” (Email). Ninth, the page numbers at the bottom of the screen are similar to SuperGu’s design, and they function the same as SuperGu. Tenth. the verbiage “Powered by Pligg” is identical to “Powered by SuperGu.” Last, the “sidebar” menus are the same as SuperGu in appearance and method of operation. Within the sidebar menus the registration/login box which looks and operates the same as SuperGu. Furthermore, the Ajax effect applied to all the boxes within the sidebar menu when they open and close is identical. The dialog boxes open/close with a button which operates and looks similar to SuperGu with only the minor variation of placing the down arrow in a circle as opposed to a square. The “read more’ link operates the same and is in the same location as SuperGu’s “more” button, It is thus our opinion that your product is an infringement of our client’s copyrights. Moreover. based upon the sheer number of similarities and reproductions between your yget template and SuperGu it is unlikely that this is the result of serendipity but rather a premeditated effort to duplicate SuperGu’s software design.

Adding to the ridiculousness of the claims: SuperGu founder James Phelps has been caught hiring a developer to build the very template he’s claiming Pligg stole, saying “I am only interested in cloning the ‘Yget’ template found in Pligg here: pligg/templates/yget/.” This is a perfect case for the EFF to get involved in, and I look forward to seeing the obligatory video apology by GuperGu founder James Phelps.

  • Sphere It

Trackbacks/Pings (Trackback URL)

  1. Mathpoints
  2. pligg.com
  3. Linkk está mais amigável e menos pesado! » Gattune!
  4. Pligg, The Open Source Digg Clone, Put Up For Sale
  5. TechCrunch en français » Pligg, le clone officiel de Digg est à vendre
  6. Pligg, The Open Source Digg Clone, Put Up For Sale | Tekjuice.com

Comments

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  1. Dwayne

    Yeah this comes off as pretty stupid, as if its rocket science to do the alleged elements. Pligg rocks!

  2. Rob

    So he copies their template and then tells them they stole it from him? Nice!

  3. David

    Next thing you know he’s suing all the members at Ning…..

  4. Pligg

    Dear world,

    Please cease and desist from using the internet. I invented it.

    Sincerely,
    Al Gore

  5. Jorge

    I keep telling you people:

    DO NOT GET THE EFF INVOLVED. They’re guaranteed to fuck things up for Pligg.

    Pligg ALREADY OWNS THE COPYRIGHTS. Copyright is automatic in the US. That’s been basic IP law since the 1970s; filing is only a throwback to the old system.

    Further, filing is only useful in the absolute lack of other information establishing when the material in question was first generated, and by whom. In this case, CVS/Subversion logs, archival web pages, and all sorts of users can testify to when Pligg first generated the material that SuperGu claims.

  6. nitsuj

    classic, just classic.

    btw michael, i’m suing you for the techcrunch name. i work in tech and like cap’n crunch, close enough.

  7. Anthony

    Looks like SuperGu is having technical difficulties. The site is down, and a search on google results in “supergu hacked” for their domain.

  8. Ali

    It’s about time it appeared here. Maybe JP will come out of hiding from underneath that hole he crawled into once more people get to know about it and revoke his C&D.

    Idiot

  9. onlooker.

    god i hate clones.
    be original.

  10. Rehuel

    This is funny stuff. Is this just a way to get attention?

    Maybe I should sue all the blogs that have the Fjord theme installed.

  11. Rob La Gesse

    We got into this discussion on my blog the other day (link above on my name). I was reminded that I might not have all the facts. Perhaps I don’t - but it sucks either way because it is taking development attention away from extending the code base.

    (And it is seemingly based out of childishness and pettiness)

    Rob

  12. Morgan

    The best part is that SuperGu originally claimed to be “inspired by Meneame, Del.icio.us and Reddit,” and Pligg is nothing more than an English version of Meneame.

    I’ve had site designs copied before, and even in legitimate cases the C&D is such a waste. If the guy has any dignity, a simple “come on you moron” email will suffice, and if not, there are sites to shame the copiers. Much more fun.

    In any case, worrying about someone copying your idea generally means you’re paying attention to the wrong thing. Better to just keep improving and watch everyone continue to try to copy you.

  13. MG Siegler

    I’ve said it before, at least SuperGu has a sense of humor (they are idiots):

    http://www.parislemon.com/2007.....humor.html

  14. Gregor J. Rothfuss

    Time for them to enter the deadpool.

  15. Vic Okezie

    Coining a new phrase: clones 2.0

    Someone should get that domain name and start writing about web 2.0 clones. Innovation has turned to clonnovation. Vic Okezie | vdemo.tv

  16. Patrick

    Everyone. Consider yourself sued for harrassment.

  17. g

    I tried to call James just because I really wanted to ask him if he was serious about this b.s. and thought he had any chance of pulling it off, but got his voicemail instead.

    Registrant:
    James Phelps
    PO Box 4271
    Costa Mesa, California 92628
    United States

    Registered through: GoDaddy.com, Inc. (http://www.godaddy.com)
    Domain Name: SUPERGU.COM
    Created on: 12-Aug-06
    Expires on: 12-Aug-07
    Last Updated on: 13-Aug-06

    Administrative Contact:
    Phelps, James (supergu@yahoo.com)
    PO Box 4271
    Costa Mesa, California 92628
    United States
    9494001195 Fax — 7144381179

    Technical Contact:
    Phelps, James (supergu@yahoo.com)
    PO Box 4271
    Costa Mesa, California 92628
    United States
    9494001195 Fax — 7144381179

  18. Bob Dole

    this is comedy gold…thats like the buglar who sued the home owner for tripping over on the wet lawn

    gold!!!

  19. Yawn 2.0

    This post is like reading the Onion.

  20. Andrew

    Cease and Desist means nothing cause nobody is gonna do sh”t on the startup level. SG has no money. What are they thinking?

  21. Stephen

    Very funny post, but you’re an attorney, and you certainly know this is a look-and-feel claim, not a claim to “ownership” of “Powered By,” etc. It may be a losing claim, but this type of intellectual property is completely valid.

  22. Post

    There was a talk about DIGG serving SuperGu with Cease and Desist over copyright infringment last month. I am surprised SuperGu had balls to go for this move.

    “We own the rights to the orange RSS logo”. Are you #$%^ kidding me. That was developed by mozilla guys.

  23. jamie martin

    haha supergu isn’t working atm

  24. Guillermo Rauch

    This is clearly the most hilarious part:

    “Furthermore, the Ajax effect applied to all the boxes within the sidebar menu when they open and close is identical…”

    “Ajax effect”?

  25. Jason

    Wow, what is wrong with people?

  26. Kyle

    @Guillermo Rauch

    Yes, they sent Pligg a C&D for AJAX effects hahahaha

  27. Eric

    Dugg: http://www.digg.com/tech_news/.....Digg_Clone

  28. eas

    I better hurry and download Pligg!

  29. Josh

    this is classic! btw, when i try to get to supergu a login and password pop up comes up. i might call james tomorrow to say “what up!” Of course, he is probably 12.

  30. Nikolay Kolev

    I hate clones, too. To clone MS Office, MS Windows, etc is understandable, but to clone a free web app - it’s a total waste of efforts!

  31. Arnold Leung

    Well his ‘cease and desist’ letter has already a lot of buzz and free marketing for his site. I would imagine a lot of us who have commented above have tried to check out the site, even though it seems to have been hacked.

  32. Chandra Bajpai

    What a jackass.

  33. TC why attack startups?

    I’m still huge fan of TC, But why attack and crunch startups???

  34. dave

    okay, so i’ve interacted with “3dkiller” (james) and the pligg dudes off and on quite a bit for a long while…while this looks bad, i believe that james is a good guy and that this saber rattling in areas like ‘rss logo’ may been dreamed up by his lawyer and not himself, though i’m surprised it’s all in the c-n-d letter served to pligg…

    what makes me kinda sad is that james was originally trying to really contribute to pligg last year but the pligg guys were not buying into his ideas, most of which involved dropping the ’smary templating system’ (you’ll notice of course that most pligg sites operate very slowly as a result of the templating schema)…supergu’s demo, which was up for several months, was stunning visually and offered superior performance…

    if james ever offers to package and sell what he’s put together, i’d actually pay money to license it for a site, it’s that solid…just because something is free doesn’t mean it stands on higher moral ground - nobody involved in this has offered anything beyond pissing fight insights…

    pligg is obviously laughing about this, though of course paying real money to talk back through lawyers, all of which stands to slow things down for everybody and pull resources away from pligg development projects…in the interim, it’s put the release of supergu on the maybe-or-never release path…

    i hope that they reach some kind of resolve, for the sake of all of their respective community members…

  35. Wes

    These SuperGu people seem to have so much time on their hands.

  36. Morgan

    Dave,

    If James is a decent guy and just wanted to make something better than Pligg, he could have just gone ahead and not acted like a complete walking turd. Unfortunately, it’s impossible to believe he’s anything but, because only a turd would be pursuing this.

    And had he released something like Pligg sans Smarty, I would have used it too. Smarty absolutely blows in practice, and both softwares I’ve used that emplyed it (X-Cart and Pligg) are dog manure slow.

  37. Eric Willis

    LMAO@ this post..

    # nitsuj

    March 19th, 2007 at 2:47 pm

    classic, just classic.

    btw michael, i’m suing you for the techcrunch name. i work in tech and like cap’n crunch, close enough.

  38. Kyle

    @Morgan

    AshDigg has done a lot of research and has been working on speeding Pligg up. It may have not been Template Lite at all (Pligg uses Template Lite, not Smarty). The slowness some people experience may have been caused by too many database calls. We’re currently working on it and Ash has decreased the database calls by almost 50% in the past week.

  39. Kyle

    Also, I think you guys seem to forget that Flickr uses Smarty.

  40. Atomic1fire

    I think SuperGu will Most likely be in Super Du du

  41. Hornswaggled

    Here is some more info here:
    http://www.pligg.com/5023/

    Basically it shows a txt file that was available on the supergu site showing an internal doc to the designer/developer that was to create the clone. Also mentioning not to talk to Pligg or discuss in any forums.

    Either this guy is pure evil or an a-hole. Im hoping he’s just an a-hole looking for some publicity. If this is link bait then job well done, if this was a serious business maneuver then I hope the wrath of the blogosphere will nit cut him any slack.

    (Mike: I just read the transcript of you and Scrivs going back and forth about the redesign, wow)

  42. Windows Vista

    Is there no money left in software or websites, just sue everyone instead!
    -
    http://www.WindowsVistaUserGuide.com

  43. Anshul

    Why is pligg a digg clone just coz it offers voting of stories submitted by users. How many times do we need to remind ourselves that digg made the idea successful but it wasn’t original.

  44. peter

    http://jamesphelps.com/

    James is a real estate agent full time, I was impressed with what he has built. Talk to the man just a little bit, seemed like one paranoid dude. . . I noticed that he was not very (tech) business savy, I chalk this up to lack of knowledge than evilness. . .

    james, wake up dude . . . open source supergu as you planned, contribute instead of getting all pissy about someone biting off your ideas. . .

    (first time entreprenuers get way too caught up on “ideas” rather than execution)

  45. Jope

    Anyway, aren’t they *both* based on meneame’s code?

    I think it’s time we kill off most of the vote-the-title sites, starting with Digg…

  46. stef

    this link was sent to me by the pligg team. interestingly enough, pligg found an interesting notes.txt on the supergu server, available below

    http://www.pligg.com/5023/

  47. Tecnófilo

    Sólo están haciendo ruido para que se les vea. Como bien dices es absurdo.

  48. Mike @ Emerging Earth

    Let’s see this Phelps guy defend himself here.

  49. Greg

    That is so incredibly classy. Good job, SuperGu. Way to go.

  50. Frank Cefalu

    Sure… Because Prototype , Moo, and Scriptaculous Libraries are owned by individual groups.

    Durr he stole my Javascript code! Lets sue… How it looks like.

    function fade_what(this) {

    setTimeout(”Effect.Fade(’this’)”,2000);

    }

    WOW! I guess you can sue… Because theres look’s like this!

    function what_fade(this) {

    setTimeout(”Effect.Fade(’this’)”,2000);

    }

    Someone better be worried huh

  51. Stan

    Guys, I think this is a marketing ploy from the SuperGu guys… they would never be on TechCrunch or anywhere else for that matter if not for this. Think about it.

  52. Gerard

    #21 “..It may be a losing claim, but this type of intellectual property is completely valid.”

    You’re right, everyone’s focused on the RSS icon claim, but if you look at the C&D document, it’s more about the look-and-feel. (nobody reads anything these days)

    I’ve been following Pligg and Supergu right from the beginning. The folks at Pligg kept trying to slam Supergu right from the start. They put one guy in charge of that task. Phelps did come up with some amazing ideas that only worried Pligg and people did start to jump ship. It’ so easy to take Pligg’s side, especially if you’re just tuning in and jumping into the anti-Supergu bandwagon.

    Phelps big mistake was deleting those posts from Pligg. However, Pligg now has other things to worry about: Ning-ning-ning-ning! I want to see them badmouth Marc Andreesen.