Legal Question in Intellectual Property in Oregon

Use of computer program's results in a book

I'm writing a book about certain events in Major League Baseball history. I purchased a computer program that simulates major league baseball games and have been using the results for the basis of some of my writing. But all of the writing is my own.

Here's a copy of the licensing agreement that came with the program. The name of the program has been censored out:

''(Censored) is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This license agreement grants you the nonexclusive right to use (Censored) for personal and recreational use. Commercial use of (Censored) is not permitted. You may not rent or lease (Censored).''

So here are my questions:

1. If I'm lucky enough to sell the book when it's finished and I make a profit, will the program's designer have any legal claim to any profits? Can he sue me for using his program to begin with? I'm not divulging anything about the program that someone could use to recreate a similar program, I'm merely reporting the results that the program generates as if they actually happened.

2. Am I even obligated to request his permission to use the program?


Asked on 1/06/03, 5:40 pm

1 Answer from Attorneys
Bruce Burdick Burdick Law Firm

Re: Use of computer program's results in a book

I see no obligation to get permission, but I suggest you ask permission of the owner to reference his program in truthful fashion as the source of the simulations as to which you are reporting.

I would be surprised if this book would sell very well but wish you luck.

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Answered on 1/06/03, 11:16 pm


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