Legal Question in Intellectual Property in California

Software Distributed without EULA

Software distributed without an EULA is installed on a persons computer when they visit the website of the PROVIDER. This software, after installed makes registry entries and places text files on the persons computer which contain a unique digital id. This unique digital id restricts activites a person can perform on the PROVIDERS website. IS it a violation of the DMCA to distribute software which removes the registry entries and text files placed by the software provided by the PROVIDERS website? Please remember, there is NO EULA and this is admitted to by the PROVIDER.

Additionally, the digital id is used to track your activity on the website, restrict your actions on the website, printed on forms that you would give to the public and then used to track how many times you've given it to the public. the unique id cannot be changed and remains constant throughout the life of the software (possibly years) and could be used to compile data on your personal activities on the website and in public. Is it legal to distribute software which removes the Unique ID from your computer.

Removal of the Unique ID causes the software to create a new Unique ID next time you visit the PROVIDERS website and treats you as a new visitor.


Asked on 7/17/07, 2:09 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Software Distributed without EULA

While your question is long and vague, your computer belongs to you, and if you want to delete some cookies and registry keys, hey, more power to you.

Read more
Answered on 7/17/07, 2:25 pm
Johm Smith tom's

Re: Software Distributed without EULA

If your software assists people to defraud the other site distributing the software, then there are other issues to consider. Otherwise, I agree with Mr. Stone that this would be the same as deleting cookies, browser history or other software on your hard drive.

Read more
Answered on 7/17/07, 2:58 pm


Related Questions & Answers

More Intellectual Property questions and answers in California