If I have two sites that sell the same products, and they share the same copy, are they going to get negged for dupe content by the engines?

What if they have the same characteristics as above, but the pages are assembled into different templates, so that the content appears in a different order in the source code?

TIA

With Google, most likely one site will be shown in favor of the other with duplicate content. Google does not necessarily penalized for duplicate content. Yahoo has been known to penalize for duplicate content but usually when it exists within the same domain. Therefore IMO, to penalize for duplicate content at two separate domains, they would have to be able to identify that the two separate sites are related to each other. This of course would be easy enough to do if the two sites were interlinked to one another.