18

There is no fixed rule for this. Every situation is different, and of course there is nothing specific to software in there. It is very much a matter of intent. For example, negative profits are no clear sign. Company X thinks they could make $6 million profit by developing a product and selling it, minus $4 million development cost. It turns out ...


6

Realistically, this definition doesn't work - it works for manufactured goods, but since almost all the cost of software is in development and there is little marginal cost, it's impossible to assess. You might be able to evaluate some situations where boxed software is sold below the cost of the boxes, or software services that are hosted on Amazon AWS are ...


4

Not the free version Your use is commercial so you have to buy the software which (presumably) allows commercial use.


4

Anti-trust is not a very powerful tool any more in the US, especially around pricing. This is really just an accounting issue, because software license revenue recognition is different from services recognition, leading companies to try play games between the two (which is covered in the US by GAAP). Eastman Kodak Co. v. Image Technical Services, Inc. ...


3

which obviously would be a breach of anti trust laws. I'm not sure it's obvious at all. Anti-trust law is complex and subtle. In the US, selling below your costs is only a violation of anti-trust law if done to eliminate competition, but "A firm's independent decision to reduce prices to a level below its own costs does not necessarily injure competition, ...


2

It can't be criminal, because many people attempt to do this as a profession. Anyone who tests the security of software systems or investigates vulnerabilities does so and gets a good salary for it. All encryption technologies that are now considered insecure have been tested in this way.


1

Yes They only guarantee to not sell “personal data” which is data that can be traced back to a specific individual. Aggregated data is not personal data unless the data set is so small that it can identify an individual.


1

To quote the Terms and Conditions page on Kaplan's site: Shared use of product is prohibited. So no, you can't do what you're suggesting.


1

I fear that you have 'jumped the gun' - I think you and your colleagues in the legal/compliance department should first meet to discuss your project. You must facilitate their understanding of the project so that you and they can discuss your options and obligations under GDPR and other such rules in your jurisdiction. It may be the case that this project ...


1

This isn’t anonomization under the GDPR The reason IP addresses are personal data is because they are unique to an individual. So are your hashes.


1

Legal unless you violate copyright. Screenshots will probably be fair use. The manuals/how-tos need to be your originals, not copies from anywhere.


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