Legal Question in Technology Law in California
Selling information part2
I already submitted this question but am including some specifics this time.I found a website that lets you download a registry cleaner software for free.The owner does not charge but does accept donations.I find his software to be superior to similar products out there that others charge for.His stuff is all copyrighted, patented, etc, whatever you need, he has it.I am wondering if it is legal for me to make money by charging people for the information (his web address) on how to find his software because he does not advertise and his site is hard to find.I in no way will be representing myself as selling his product, just charging for the info on where it is to be found.Also, can I link to his site or do I need his permission?And lastly, The software is his, I am clear on that, but he is letting people download it for free, how far can I go with that?In other words what can I do with something that is not mine but is being given away for free and still be legal in every way?
1 Answer from Attorneys
Re: Selling information part2
As long as you're not trading on the name of the product (i.e., trademark) as the title of what you're selling, and you're not distributing copies of the thing yourself, there's nothing prohibiting you from "publishing" a guide to important free resources on the web. What you charge for this guide is up to you (and what the market will bear).
'course once the information is out there, you won't be able to control it. "facts" can't be copyrighted, so you wouldn't be able to stop someone else from publishing the same information for free.