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If a software developer(s) / company creates software that can be used for hacking purposes but has "Terms of Use" that state it can not be used for an illegal activity. Can the creator(s) be held liable for an end users breach of those terms?

An example of this type of software is Metasploit.

Relevant details about the software;

  • Open Source
  • Free
  • No way to control its use
  • Does the software have any non-hacking applications? – ohwilleke Oct 30 '17 at 20:12
  • No, it is an application strictly for security purposes. – Digital fire Oct 30 '17 at 20:34
  • I suspect that the answer is generally speaking no with some qualifications to establish that it is not part of a conspiracy with someone who uses it for hacking. But, establishing the negative is a non-trivial exercise and I'm not enough of an expert in that sub-field of law to say so with complete confidence. – ohwilleke Nov 3 '17 at 21:23
  • More to the point, does it have any legal uses, like penetration testing? – D M Sep 1 '18 at 14:52
  • Yes, the software's main purpose is for legal software penetration testing. But it can be used for illegal purposes. – Digital fire Sep 4 '18 at 19:05

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