New answers tagged

1

It sounds like you're thinking of this as "The license is what restricts me from doing what I want, so if the license expires, then I'll be able to do what I want." But that's exactly backwards. To use an analogy with firewalls, copyright law is "default deny". The basic premise of copyright law is that nobody is allowed to copy a copyrighted work, unless ...


1

Yes, it’s illegal The copyright you are breaching is still valid. It is up to the copyright owner if they want to allow you or anyone else to use their software.


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.


0

motosubatsu suggests NO, since the Terms and Conditions forbid it. This is complicated by the First Sale Doctrine, which overrides any Terms and Conditions. Since the T&C's do not accurately describe the nature and form of the product, it is hard to establish whether the First Sale Doctrine would apply. If this is written material (e.g. a book), then ...


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.


4

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


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.


-1

If you are showing something publicly accessible and not copyrighted, then you should be totally fine. It couldn't hurt to contact some of your customers and get consent though. If you say here are some examples of other companies utilizing our product, that's very different than saying here are other companies that LOVE OUR PRODUCT. It is an ...


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, ...


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 ...


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 ...


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