Copying code directly without permission is a copyright violation.
Mimicking a patented process is also grounds for a lawsuit.
That said, you can make products that have similar functions so long as you aren't copying too closely. For example, Lemmy vs. Reddit. Both are social media platforms allowing posting and up/downvoting. But the nuts and bolts are significantly different.
Mimicking a patented process is also grounds for a lawsuit.
Just note that at lest within EU, pure software patents are illegals. It's still a bit tricky because you want to sell globally (including places with software patent) and that it's possible to patent device/process using software. So, to my understanding you can't patent let's say A game where you build a maze and put tower to defend-it, and use XP to make your tower bigger, but you can't patent let's say a device using sensor, servo an algorithm to let a car drive itself.
Just look at the gaming industry. Every few years, a new idea is made by someone, it gets super popular, and before you know it there are 20,000,000 clones of that original game all with slightly different tweaks to the visuals while playing exactly the same.
Like before we called them "action-RPGs," they were colloquially known as "Diablo clones."
As long as you aren't coping the source code directly it's generally ok.
Having an OSS version of existing closed source software is a thing.
Examples are Gimp and Photoshop, Libre/Open office and Microsoft Office.
AOSP and Android, or LimeageOS and Android, or - okay there are a dozen different non-Google OSs
Isnt aosp literally android?
If you have to ask if something is legal, the answer is likely no. When the answer actually matters, consult a lawyer. For the record, I'm not one and don't pretend to be one on the internet.
Is it legal for you to make this comment?
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