Legal Question in Technology Law in California

Re: useing quickspoof

If you take something of value without paying for it, that is theft, whether you pick someone's pocket or outfox their Web site.

Writing programs that make this possible may make the writer an accessory to the theft, if a DA or the attorney general can show that you understood the end-users' evil intentions. This follows from case law that says selling guns is OK, but if you know it's the be used in a stickup, you're a conspirator or accessory.

The likelihood of a prosecution is rather low, but it exists and if you plan to write software that makes theft possible you should be aware of the potential criminal liability.

I would also assume there is parallel civil liability. Again, the prospect of being sued is somewhat remote but certainly not negligible, and you should think twice before writing and selling software whose primary value is making rip-offs possible. Tsk, tsk.

Re: useing quickspoof

With all due respect to Mr. Whipple, software programs may have multiple uses, some of which are legitimate. I am not going to assess how best to protect the writer of Quickspoof (that would be giving legal advice, and I will not do that for a non-client), but I do recognize that it has legitimate uses. Sellers of the program should hire an attorney to draft the contract. A mere waiver is not strong enough. The seller needs to have an indemnity agreement to protect him or her from the unauthorized and unlawful use of the rogue user. A competent attorney could provide other protections as well.

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