Download Website Legalities

Discussion in 'Legal Issues' started by d3monic, Jan 27, 2009.

  1. #1
    If I am operating a download website that provides downloads for freeware, trial ware, and regular software that has been converted into a "portable" application (made so it can run from a usb stick without any installation), would I be considered a "warez" site, or have any legal problems? What if I post some sort of notice requesting to be contacted if they want the files to be removed? Will I then have all liability taken off of me since I am willing taking them off per request?

    Please only answer if you know what you're talking about. I don't need responses saying you don't know.
     
    d3monic, Jan 27, 2009 IP
  2. druidelder

    druidelder Peon

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    It depends on how your website operates and what else is on there. (Also where you are, I write this assuming the US.)

    For example, any of that software could cause you problems if you charge a download fee or membership fee. Also, ads on the site could be viewed as a commercial use and turn an otherwise non-infringing site into an infringing site.

    Each of the three types of software present their own set of problems.

    Freeware would be the type that is least likely to give you issues. However, that is not to say it is free of them. First issue is distribution. Most freeware is set up under a license that allows the freeware to be distributed by anybody, but not all is. You would need to check the license for each piece of software. Distribution is controlled under copyright by the copyright holder. Just because something is freeware does not mean that it is the public domain. Second issue would be the converting of the software to be used on a USB stick. Depending on how you do this, there are a few ways, this could be seen as making a derivative work which is the right of the copyright holder. If your method does not involve changing any of the files that come with the software, you should be fine on that front.

    Shareware has all of those problems, plus the issue of how you offer the shareware. If you are offering a non-resticted version, then that would certainly be illegal. Shareware also is more likely to have stricter terms in the license, so read it carefully.

    Regular software has all of the above problems, especially if you are offering it in an activated form. These vendors are the most likely to come after you, but any could. Regular software also generally has some form of copyright protection (shareware might, but not always). That adds an additional charge of circumventing copyright if it went to court.

    You could offer people the knowledge of how to do this on their own, so long as the methods you describe are not designed to break any sort of copyright protection.

    Best case would be to ask the copyright owners of the software. Regular software vendors are likely to say no. Freeware and shareware vendors are likely to say yes, so long as you do not remove any restrictions on the program or their names.
     
    druidelder, Jan 27, 2009 IP