Discussion:
What is the name of your state? VA
Here is the situation. I have developed a prototype software program for personal use and now want to sell it to others.
The program accesses audio and picture files from another program that I have purchased.
That is to say that the program searches for the files in a directory and plays the audio file (similar to Windows Media Play) or displays the picture file.
My program would only be useful if the user has a licensed copy of the other program.
Would my program infringe on the other programs copyrights etc.
Thanks in advance for any help.
Answer:
There's a lot that a correct answer depends on.
1. What validation does the program do to insure the program it depends on is licensed?
2. Does the outside program contain any propritery code or format?
3. Does your program connect in any way to the other program?
Answer:
1. What validation does the program do to insure the program it depends on is licensed?
1) Currently my program only looks for a specific file (from the other program) when starting up. I have however included a statement in the License Agreement and help file to the effect "you must have a licensed version of the other program to use this program".
2. Does the outside program contain any proprietary code or format?
2) The files that my program accesses are industry standard formats.
3. Does your program connect in any way to the other program?
3) No it is totally independent.
Answer:
Your license and user agreements are not enough. If your programs ONLY searches in the directory of the other program a case could be made that you are supporting hacked copies of the other program.
If you had a search function or searched ALL folders on startup, then no such case could be made.
Answer:
Your license and user agreements are not enough. If your programs ONLY searches in the directory of the other program a case could be made that you are supporting hacked copies of the other program.
If you had a search function or searched ALL folders on startup, then no such case could be made.
I'm sorry but I do not fully understand your reply. Are you saying that I must search through every file on the computer? What would I be searching for?
Of note - my program's License would be limited to a specific computer via an application key. To obtain an application key the end user would have to provide a computer ID (which my program generates upon installation), an invoice number, name etc.. This would then be emailed to me for verification. If verified an application key would be sent.
Thanks
Answer:
"The files that my program accesses are industry standard formats."
That doesn't mean you don't need a license to read them. MP3 and DVD are two examples of formats that are "industry standard" but require that anyone writing software to play MP3 or DVD-format files purchase a license to do so.
Answer:
"The files that my program accesses are industry standard formats."
That doesn't mean you don't need a license to read them. MP3 and DVD are two examples of formats that are "industry standard" but require that anyone writing software to play MP3 or DVD-format files purchase a license to do so.
My application is actually a plug-in for Microsoft Excel. It is comprised of Excel objects only, using Excel macros. The end user must run Excel to use my add-in. In this case wouldn't the license for MP3 etc. be covered by the Microsoft application?
Thanks in advance for your help!
Answer:
"My application is actually a plug-in for Microsoft Excel. "
In that case, your best course of actionis simply to contact Microsoft and ask them what kind of license they think you need, if any -- they may be cool with it, they may not. A license may be included somewhere else, etc. In any event, since they would be the ones potentially upset by this, you should finds out from them what they think.
Answer:
divgradcurl,
Thanks for the advise. I will follow up with Microsoft on this matter.
hexeliebe,
If you can, I would appreciate some clarification on the "search" answer you gave.
Your license and user agreements are not enough. If your programs ONLY searches in the directory of the other program a case could be made that you are supporting hacked copies of the other program.
If you had a search function or searched ALL folders on startup, then no such case could be made.
Thanks,