Legal Question in Business Law in California
I plan to selling my stock charting software, which retrieves stock data from yahoo, and other web sites and uses those data to draw charts and analyze certain stocks' trend. Is there any law preventing me from doing so?
Thanks
3 Answers from Attorneys
You need to be very careful in using content from other websites as some or all of the information and/or the methods by which it is gathered, formatted and presented, may be proprietary. In selling the software to your customers, you need to be sure that they are not violating any laws by using it. If not, you could face claims by Yahoo and the other sites, on the one hand, and your customers, on the other hand. It would be best if you consulted with a software licensing expert before doing anything.
Jon Reich
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There is no law preventing the sale of your software. However, any buyer would have rights of indemnity against you if they are sued by a third-party for infringing copyrights. The buyer could also sue you for fraud to void the agreement depending on the circumstances. I suggest you let an experienced business lawyer handle the sale of your software so that you are protected against potential liability to the fullest extent possible.
Now is the time to sit down with a business attorney knowledgeable about licensing agreements to ascertain how to make your software sale compliant with the current law. Spend the time and money now so you can avoid costly and unnecessary litigation later.
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