Legal Question in Technology Law in New York
Am I liable for malicious usage of a software application that I have written for legitimate usage?
I made an application to track activities of children on a personal computer. I suspect that one of my users is using it illegitimately on computers that he doesn't own. Will I be held liable for his actions? If yes, what can I do?
I did mention in the terms and conditions that the application should not be used maliciously and if the user uses it for malicious purposes with/without consent, the author(me) will not be held responsible for the consequences.
2 Answers from Attorneys
You are not liable for someone else's nefarious behavior. If they app has a legit use and is not being promoted for malicious purposes whether that be direct or indirect then you should not be worried that someone used it this way.
If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient. Our firm is now referred by the American Bar Association (see under the New York section):
http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html
Kind regards,
Frank
www.LanternLegal.com
866-871-8655
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.
I somewhat disagree with my colleague. My colleague is correct in that if the app has legitimate uses then the burden of your liability is lessened, however you COULD be liable for illegal use of the app if, for example, you had specifically taken such use in consideration when the app was developed. To protect yourself and fall under various "safe harbor" provisions, you need to put in place applicable business practices together with legally enforceable terms of use policies.
My law practice focuses on startups and technology and we offer special entrepreneur discounts. Good legal advise can be affordable!
Roman R. Fichman, Esq.
www.TheLegalists.com │ @TheLegalist
email: Info (@) TheLegalists (dot) com
t e l : 2 1 2 -- 3 3 7 -- 9 8 3 7
Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. No intention exists to create an attorney-client relationship or any other special relationship or privilege through this post. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
