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Software Law [closed]

Proposed Q&A site for lawyers and specialists in software-related law of both international and specific country laws.
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5
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0
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Why “Software Law” was closed

may 7 at 16:14 Robert Cartaino♦ 472
28
votes
4
answers

Merge Software Law into Intellectual Property Law

may 4 at 21:48 speedplane 151
23
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5
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Disclaimer to make it clear that the site isn't offering professional advice

may 2 at 19:49 dFlat 151
24
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5
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Merge Software Law, Intellectual Property Law into Law

apr 29 at 22:28 stacklawexchange 61
6
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4
answers

Isn't Software Law already part of Programmers?

nov 19 at 9:24 WikiSpeedia hang-around 3,196

create new discussion

closed as not a real proposal by Robert Cartaino♦ May 7 at 15:07

This proposal will not result in a useful, productive, or viable Q&A site.

This proposal is now in the Commitment phase — example questions are locked!

60 Example Questions (7 closed)

active oldest votes
up vote 23 down vote
If I release my own code under the GPL, can I still use it in a commercial project?
added by George Edison Jun 4 '10 at 3:56
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up vote 22 down vote
How do I know that I haven't violated someone's frivolous patent, when I write my own software?
added by Robert Harvey Jun 4 '10 at 4:16
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Why do you care if it is a frivolous patent. I take frivolous as meaning it should be struck out as non-valid. – txwikinger Jul 9 '10 at 15:00
2  
@txwikinger: You take it correctly. A frivolous patent is one that is taken out, not to protect an idea so that the patent holder can innovate, but to simply prevent others from using that idea, and charging them a license fee if they do want to use it. digitalmajority.org/forum/t-217364 – Robert Harvey Aug 18 '10 at 22:25
Well.. I define "frivolous patent" as a patent that is not enforceable, because while it was granted, it would certainly be rejected by a court. – txwikinger Aug 19 '10 at 14:21
up vote 22 down vote
Can someone explain this license in plain English to me?
added by David Basarab Jun 4 '10 at 14:32
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1  
The body of the question would have th license text. – David Basarab Jun 4 '10 at 14:32
4  
"Explain this license to me using a simple if/else or switch/case statement that i understand". – slugster Jun 7 '10 at 2:16
I'd reword the question to "Can someone explain the <license name> in plain English?" – Tim Murphy Jun 18 '10 at 9:48
1  
What if it's a custom license? I liked the question as proposed by David. – BrunoLM Aug 30 '10 at 23:28
up vote 20 down vote
How do I protect myself from copyright violations that other people have made in their own code?
added by Robert Harvey Jun 4 '10 at 4:16
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up vote 20 down vote
Can I be sued if someone uses my software for illegal purposes?
added by Robert Harvey Jun 4 '10 at 4:19
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1  
IIRC some bittorrent authors went through this situation - while the software could be used for legit purposes, the majority of users used it for illegal purposes. Authors need to know how to insulate themselves from liability for what users do. – slugster Jun 7 '10 at 2:13
This is a very broad question. Theoretically anybody can sue anybody without any merit. However, most of the times such suits will not go very far. I think more specifics would be necessary for a meaningful discussion. – txwikinger Jul 9 '10 at 15:03
@txwikinger I would believe it to mean "Would such a lawsuit hold up in court" but I agree it is vague as written. – Rixius Aug 24 '10 at 16:43
up vote 14 down vote
Can someone copyright an SQL query?
added by Kensai Jun 4 '10 at 3:55
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Ah yes... I remember this from StackOverflow. – George Edison Jun 4 '10 at 3:56
Yeah, a lot of "I'm not a lawyer" and "don't seek legal advice on Stack Overflow" made me propose this. – Kensai Jun 4 '10 at 4:00
stackoverflow.com/questions/1840847/… For reference – Kensai Jun 8 '10 at 21:57
up vote 13 down vote
Can I release a software that uses GPLv3 licensed [libraries/source code] under MIT license?
added by Kensai Jun 4 '10 at 4:03
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Funny, I was just asking myself this a few days ago. – Arda Xi Jul 8 '10 at 0:21
up vote 11 down vote
In which country is my software sale deemed to have taken place?
added by slugster Jun 7 '10 at 2:21
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If i write my software in the USA, the user downloads it from a server in Elbonia, and they pay for it via PayPal whose server is located in the Caymans, in which country is the sale deemed to have taken place? Have i broken any US trade embargo rules? – slugster Jun 7 '10 at 2:22
I'd like to know the answer for this one. – Kensai Jun 9 '10 at 22:35
Wow... that includes also multiple issues. I think this question needs more details in order to know what the issue is. Is there a question of product liability, trade laws, or contract law? – txwikinger Jul 9 '10 at 15:06
@txwikinger: The point here is not to ask specific questions; that happens starting in the beta phase, considerably later. What we're doing here is sample questions to be sorted into on-topic and off-topic. Presumably, an actual question would include more details. – David Thornley Jul 9 '10 at 17:04
@David Thornley: Well.. that is what I was commenting about. An actual question will have to have far more details (or hypothetical details), because otherwise it will be quite meaningless what can be answered. – txwikinger Jul 9 '10 at 18:53
up vote 11 down vote
Am I allowed to obfuscate my changes to GPL code and still be compliant?
added by Simon Nickerson Jun 9 '10 at 6:19
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up vote 11 down vote
I posted something on the web, which is legal here, that somebody in country X says is illegal there, and is suing me. Now what?
added by David Thornley Jun 16 '10 at 16:13
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up vote 7 down vote
Is it possible to copyright or patent a programming language?
added by Simon Nickerson Jun 9 '10 at 6:21
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That would be pretty pointless, wouldn't it? – Robert Harvey Jun 22 '10 at 22:07
up vote 7 down vote
I contracted to produce a program for client X. The contract said nothing about code ownership. Who owns the copyright to the code?
added by David Thornley Jun 16 '10 at 15:12
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up vote 6 down vote
If I find a GPL violation, what should I do?
added by George Edison Jun 4 '10 at 3:54
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up vote 6 down vote
Is my software's license still valid if I don't force the end users to agree to a EULA before installing?
added by Evan Plaice Jun 23 '10 at 11:02
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up vote 5 down vote
My current employer asked me to sign an agreement with a non-compete clause in it, but I refused. Can he fire me? [closed]
added by Robert Harvey Jun 4 '10 at 4:18
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closed as off topic by Chris W. Rea, slugster, Simon Nickerson, David Thornley, Mr Shark Jun 23 '10 at 9:02

This question does not relate to the topic of the proposal.
It was closed as part of an automated migration of off-topic to close votes on September 29, 2011.

Hmmm, hard one. Only indirectly related to software (if so) . – Kensai Jun 4 '10 at 4:21
3  
@Kenji: I haven't heard of this problem in other industries, presumably because anyone can make a software program with a computer and a lot of time, whereas the barrier to entry can be quite high in other industries. – Robert Harvey Jun 4 '10 at 4:31
1  
This question is very dependent on jurisdictions. In Canada there is a Supreme Court Decision that makes such clauses in contract almost in every case unlawful. However, IIRC in Texas, courts did not have any problems with it. – txwikinger Jul 9 '10 at 14:57
up vote 5 down vote
Are there any precedents in English law for licences on "click-wrap" software to be enforceable?
added by Simon Nickerson Jun 9 '10 at 6:23
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up vote 5 down vote
I found a neat snippet on this website, but it didn't have an explicit license. Can I use it in my program?
added by David Thornley Jun 16 '10 at 15:23
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up vote 5 down vote
Could I get sued by my employer for posting snippets of company code on Stack Overflow?
added by Simon Brown, edited by WikiSpeedia hang-around Jul 16 '10 at 0:28
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up vote 4 down vote
Can the GPL really compel you to release your source code if you are in violation?
added by Robert Harvey Jun 4 '10 at 4:29
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Read - softwarefreedom.org/resources/2008/… – AVD Jun 18 '10 at 9:28
up vote 4 down vote
I want to demo software I made for my company with my resume for a prospective employer. How can I do it, what do I need to worry about?
added by rlb.usa Jun 10 '10 at 16:32
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up vote 4 down vote
What's the difference between GPL and LGPL?
added by Evan Plaice Jun 23 '10 at 11:01
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up vote 4 down vote
Is it patent infringement to openly publish an implementation of a patented algorithm?
added by Daniel Trebbien Jun 25 '10 at 20:10
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up vote 3 down vote
Does the use of personal data in software testing count as "legitimate interests of the data controller" under the Data Protection Act?
added by Simon Nickerson Jun 9 '10 at 6:32
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up vote 3 down vote
I have an application that includes some proprietary libraries, can I still release it under GPLv2?
added by Evan Plaice Jun 23 '10 at 11:01
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up vote 3 down vote
I need a license that specifies X and Y but not Z, which OSI license best fits that?
added by xenoterracide Jul 21 '10 at 6:54
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up vote 2 down vote
How come Microsoft gets sued for including IE in Windows while nothing happens to Apple for forcing iPhone users to use iTunes?
added by Senseful Jun 17 '10 at 3:50
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up vote 2 down vote
If I'm developing an application for GNU/Linux does that mean it has to be licensed under GPL?
added by Evan Plaice Jun 23 '10 at 11:00
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up vote 2 down vote
I've heard PHP's license and the GPL are not compatible. Is that true?
added by acrosman Jun 25 '10 at 20:17
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up vote 2 down vote
Is the compiler object code output of a GPL-licensed C++ template also a "covered work"?
added by Daniel Trebbien Jun 26 '10 at 12:08
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up vote 2 down vote
Can I run reflector to extract the source code of an assembly provided by a {component co / SI} and make modifications, recompile and sell/use it?
added by Binoj Antony Jun 28 '10 at 5:21
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up vote 2 down vote
What are the implications of "authorship credit", and does it have impact on patents and the rights of the author to use that code in other ventures?
added by Jasconius, edited by WikiSpeedia hang-around Jul 16 '10 at 0:26
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up vote 2 down vote
What do I have to do, when distributing a software package which also contains {Apache/GPL/BSD} libraries?
added by Witek Jul 16 '10 at 10:54
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up vote 2 down vote
Can I reuse code for which no License is specified?
added by Midhat, edited by WikiSpeedia hang-around Aug 7 '10 at 14:36
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up vote 1 down vote
Where can I find a lawyer that knows software law? [closed]
added by Stu Thompson Jun 4 '10 at 5:32
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closed as off topic by Robert Harvey, Chris W. Rea, slugster, Maxim Zaslavsky, Simon Nickerson Jun 9 '10 at 6:19

This question does not relate to the topic of the proposal.
It was closed as part of an automated migration of off-topic to close votes on September 29, 2011.

But every other answer to a question on SO that hints about law gets answer "go find a lawyer" This seems like a natural next question. – MatthewMartin Jun 24 '10 at 1:55
If you specify a region, then it's too regional - plus this sort of information falls out of date regularly, so Google really would be a better resource. – Erik Forbes Jul 9 '10 at 14:02
For reference stackoverflow.com/questions/613396/… – Dana the Sane Aug 18 '10 at 19:50
up vote 1 down vote
Since the title/name 'Open Source' isn't officially trademarked whats stopping me from marketing my product as Open Source without sharing the source?
added by Evan Plaice Jun 23 '10 at 10:59
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Well, the logo holds a 'tm' sign (opensource.org) so the question might be inappropriate – Andrew Jul 13 '10 at 4:08
'Open Source Initiative' does but the term 'Open Source' doesn't. It's actually an issue that has been discussed in depth. Here are a few resources opensource.org/node/163 and blip.tv/file/319044. – Evan Plaice Jul 14 '10 at 5:13
Oh, I didn't know that, thanks, Evan! – Andrew Jul 15 '10 at 1:04
up vote 1 down vote
Could I be liable for (unintentionally) faulty software that I have placed into the Public Domain?
added by Daniel Trebbien Jun 26 '10 at 11:52
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up vote 1 down vote
Are there any specialized software law degree available in {country}? [closed]
added by Binoj Antony Jun 28 '10 at 5:22
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closed as off topic by xenoterracide, Sandy, Matt Solnit, scope_creep, txwikinger Aug 4 '10 at 14:42

This question does not relate to the topic of the proposal.
It was closed as part of an automated migration of off-topic to close votes on September 29, 2011.

up vote 1 down vote
What should be documented to show "reasonable care" when developing an application to store personally identifiable information?
added by William Jul 7 '10 at 10:49
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up vote 1 down vote
What if I include certain clauses in my EULA which conflict with local law? How do I prevent problems?
added by Arda Xi Jul 8 '10 at 0:24
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up vote 1 down vote
Before distributing my app in the EU, what ballpark legal cost am I up for to have my US license agreement and privacy policy reviewed and updated?
added by William Jul 21 '10 at 11:33
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