There has been a lot of discussion in the last couple of days about retweet.com copying the client code from Tweetmeme.com.
The indication is that retweet copied verbatim some the Javascript code that Tweetmeme created - the uproar has surprised me a little and i have to admit to being a little surprised that you can be assused of stealing JS code that is basically cached locally on everyone's laptop when you use the service. I have read many times that one of the reasons the web proliferated as it did was because of the View Source option. Anyone can view the source of a web page anc "copy" the code as discussed here and here and here. The have been discussion on how to prevent this but short of obfuscating your code there isn't much you can do.
However, as Clay Shirky points out here "THE CENTRALITY OF OPEN HTML SOURCE TO THE WEB'S SUCCESS".
"The single factor most responsible for this riot of experimentation is transparency - the ability of any user to render into source code the choices made by any other designer. Once someone has worked out some design challenge, anyone else should be able to adopt, modify it, and make that modified version available, and so on.
Consider how effortless it would have been for Tim Berners-Lee or Marc Andreeson to treat the browser's "View Source..." as a kind of debugging option which could have been disabled in any public release of their respective browsers, and imagine how much such a 'hidden source' choice would have hampered this feedback loop between designers. Instead, with this unprecedented transparency of the HTML itself, we got an enormous increase in the speed of design development. When faced with a Web page whose layout or technique seems particularly worth emulating or even copying outright, the question "How did they do that?" can be answered in seconds."
This open source even extended to other areas such as the Shetland Times versus the Shetland News way back in the early 90's (when i thought that me having kids was surely 200 years in the future...). In this case The Shetland News gave the impression they were the source of stories but simply using frames and the like - something that has become pretty common now, more directly through RSS feeds.
In fact I remember a number of commercial projects in early "classic" ASP where actually obfuscated the code that we sent to clients on both the client and the server, only to be asked todebug or make changes and some poor bastard had to figure out what on earth was going on. Wasn't worth the hassle.
So, add to all this the obsession with Open Source and openness in general and you start to ask "Is there really a problem here?".
Well, I really don't know. However there is an increasing number of bloggers irritated as what they see as the use of their information with attribution. In other cases there is use of others content and an indication there are aware of it existing at that location, when in fact they are not.
So, the answer seems pretty simply. You can (and by that i don't mean "should") copy, reuse, rebrand, hack, include pretty much all content on the web - unless the source of that content is a compant large enough to go after you (e.g. BBC, CNN etc). With code it's a little less obvious - what would have been the result if the copied code had been from a "view source, grab script" on BBC page?
There are, say, five options that retweet.com could have chosen:
- Write the code from scratch themselves (does ANYONE do this anymore?).
- Copy their code and attribute them in the code (via a comment in the header of the code).
- Copy their code and attribute them on the web site (much more public ).
- Copy the code and change it to make is less obvoius (most sites on the planet have done this at some point).
- Copy the code and go with it (this is the one they seem to have chosen).
#2 is popular with coders but business people won't care - it's invisible to everyone non-technical. #3 is a step forward but again what does it really mean - the competitor site won't get any value out of it - especially commercial sites.
Is it REALLY that simple? If i copy all the Javascript and Css from a very cool site and stick it on a new domain to compete with them and have managed to get a much cooler domain name (coz we all agree that two sites being technically equal the one with better branding and marketing is likely to win) would the original site be happy with my little attribution that they were the source of my site? I doubt it. Depending on who they know you may get hell for doing this. Creating social web applications is as much about awareness as it is the application. You need a seed and whether you like it or not upsetting very well connected people can be your downfall... the argument that someone else did the same but had no consequences holds no water. Again it's about awareness.
The web certainly grew out of copying other people's code but in the social world a series of factors need to be plugged in before you decide whether the potential effect on your sites reputation is worth the coping of a competitors code. It's maybe not always fair, but it's the real world.