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11

An EULA, or "End User License Agreement", is a contract between the software user and the software publisher. It usually protects the interest of the software publisher, e.g. you can only use it on one computer; you may not alter it or distribute it without written agreement etc. In this case, the EULA specifies that: The software may be harmful to the ...


10

IANAL. This answer is just a broad picture. It's a simple explanation of Microsoft's own words, as they were at the time of originally writing this (just after the final release of Windows 10). TL;DR: Microsoft does not recognize users' privacy rights. The Microsoft Privacy document does not say anything positive about privacy in this document that isn't ...


6

No. You cannot be held liable for violating the EULA if you have never used the software and are only reporting what people who did use it told you. Of course, people bring groundless lawsuits all the time and you might have to defend such a lawsuit if you are sued. In some places you could be subpoenaed to disclose your sources, and in others, a reporter'...


5

You are required to provide a copyright notice on your work, such as putting (c) rhino 2016 in the liner notes. Nothing precludes you from licensing that copyright in any way you want, such as Creative Commons. As long as you aren't in violation of the last sentence (your work is not primarily the samples, and you actually made a song with them), then ...


4

IANAL, but a EULA is a Contract of Adhesion https://www.law.cornell.edu/wex/adhesion_contract_contract_of_adhesion and restrictions against publishing benchmarking data about products is fairly common https://www.eff.org/wp/dangerous-terms-users-guide-eulas A contract is a contract, even a click-through, and is legally binding; there is plenty supporting ...


4

The EULA is in most jurisdictions a legally binding contract; there is plenty of case law that supports this. You can only be liable under a contract for breaching its terms and only to the extent that the other party suffers harm from that breach. Clearly, if you haven't read the terms then you are greatly increasing the chance that you will inadvertently ...


4

COPPA is filled with references to "websites directed towards children or with actual knowledge the data was collected from a child." Actual knowledge means you actually did know; it's OK if you honestly and unreasonably thought the child was over 13, as that means you don't have actual knowledge. To quote the FTC (emphasis added): COPPA covers operators ...


4

The rule you are alluding to with respect to a television set is called the "first sale doctrine" which basically prohibits copyright and trademark owners from limiting the ability of a buyer of a good (like a CD or authorized logo T-Shirt) protected by copyright or trademark, from limiting further sales of that good (or the manner in which the good is used ...


3

It's a contract violation if you're under the EULA. It may be a contract of adhesion, but such "clickwrap" contracts been found to be acceptable and enforceable in software EULAs out of necessity. However, there may be some limits. If you're not under the EULA, as you argue, then you lack a license to use the software at all and it's an outright copyright ...


3

South Park did the EULA gag, and such an agreement would be unenforceable as unconscionable. NDAs, on the other hand, are conscionable, but a EULA isn't an NDA. There isn't a specific statute that you can point to that either makes such a no-criticism agreement explicitly legal vs. illegal, so the case would have to be based on common law justice-style ...


3

Algorithms are not subject to copyright like the original computer code is; they may be patentable but you have specifically said that they aren't. So you are not breaching any IP of the original owner. Your friend in Somalia is breaching his contract with the original owner but that is not your issue. The IP he extracts (the algorithm) is not owned by ...


3

Take a look at https://en.m.wikipedia.org/wiki/Clean_room_design From that it appears that you are just following the specifications of the algorithm made by a third party. You're not copying the algorithm, you are re-implementing it based on certain specifications you saw online. I would say unless you agree to some contract like you will not implement ...


3

GDPR defines the responsibility of Companies to ensure that Personal Data in their possession is maintained Secure ensuring Confidentiality and Privacy towards the Data Subjects to whom it pertains. Prior to the Articles themselves, there are notes and over (49) one may read that companies must have in place (where applicable) mechanisms like CERT and any ...


2

Under the circumstances you describe, the friend who installed the software is unambiguously subject to the EULA. The EULA presumably includes a provision prohibiting your friend from letting you use it, much less reverse engineer it. Therefore, your friend is in violation of the license agreement and will be liable for any resulting damages. If you caused ...


2

I certainly don't see why this would not be legal. If you wrote a novel in English and paid someone to translate it into Spanish you could translate it back if you want. The copyright scenario is they have copyright in the compiler; you own the copyright in the input and output of it. The compiler's creators have no claim on the output because there is none ...


2

The relevant consideration is whether you have provided adequate notice of the license terms, and whether the customer has manifested assent to those terms. It is not sufficient for it to be somehow possible to see the terms. In Specht v. Netscape, 306 F.3d 17, the company put a link to license terms "on the next scrollable screen". The court was "not ...


2

A court interprets things if you take someone to court. So the first step is to find a court that feels responsible. US courts feel responsible if the case is related to their area. For example, a court in Los Angeles would accept your court case if you lived in Los Angeles, or the person or company sued lived there. You'd need to check when a Croatian court ...


2

It is likely that the law applying will be both that of the USA and your country. If you went to court this would be one of the things you argued over. For example, Australian Consumer Law applies to any goods or services sold to a customer in Australia irrespective of where the vendor is located. Your jurisdiction may have similar laws. At first blush you ...


2

I was sent to this question by a coworker and realise that it's been posted quite a while ago. Anyhow, since this might help other people in the future...here we go: Privacy policies are largely a requirement for any website with a commercial background, so yes it's very likely that you'll need a website privacy policy. When it comes to the marketing ...


2

Hacking involves accessing someones device without their permission. So an EULA which permits hacking doesnt really make sense. Since agreeing to such an EULA means its not longer hacking, but giving consensual access to your computer. So it may seem that the computer fraud and abuse act isnt engaged. (It applies to when there is no permission given) ...


2

If you suspect or should reasonably suspect that the customer will violate the license agreement to do something illegal, then the license will not protect you. Use common sense. If Walmart hires you to write software to check the security of their 100,000 cash registers, you can do that, and if one rogue employee uses the software to commit a crime, that'...


2

Most products can be used for illegal purposes, so just selling something that is used for illegal activities can't incur such liability in general. There are exceptions, of course. If a product is clearly made for illegal activities and has little or no legal use, the supplier is likely to be liable. If a supplier produces something and markets it for ...


1

Not understanding a EULA is not "not understanding the law". A EULA isn't a law. If we assume that the EULA is part of a contract, then you may not be understanding part of a contract, but that has nothing to do with not understanding the law. If you are a consumer, there are plenty of laws in most countries that protect you from your own stupidity when ...


1

"a valid copyright notice" is a reference to old copyright laws that required the author to explicitly claim copyright. Under current law copyright exists from the moment of creation/fixation (depending on jurisdiction) so a valid copyright notice would be:


1

This paraphrases your condition, to capture what I think the intent is: Software Developer grants permission for User to use Software, with the provision that Software Developer shall not bear any legal responsibility arising from the use of Software Such a universal disclaimer of legal responsibility is not possible. A legally-enforceable agreement ...


1

I too have found this to be challenging. I live in the Raleigh/Durham NC (USA) area and needed to find a IP lawyer focused on software licensing. I started by googling but that wasn't very helpful. Then I asked a friend who is a lawyer for recommendations figuring that other lawyers might know which lawyers in the area are good a which specialties. He ...


1

Let me preface this by reaffirming that I am not a lawyer and that what follows is a guess based on my limited understanding of software licensing. If you need a real lawyer, talk to a real lawyer, and if you're just looking to understand the issue theoretically, use the score my answer gets to gauge whether it's wisdom or nonsense. In general - a software'...


1

IANAL but I posit that the other company who wrote the game would have recorse against you using a something like "Tortuous Interference", ie Intentional interference with contractual relations, or a statute codifying that in your jurisdictions. Answer updated in response to question - According to Wikipedia, the elements required to prove Tortious ...


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