Legal Question in Technology Law in South Carolina

Software that is no longer sold or supported

Does the software become shareware, is it still under copyright even though not supported, as the company is out of business? If you bought the software are you still due updates and support? Can the software be modified and marketed?


Asked on 2/20/07, 9:16 am

2 Answers from Attorneys

David Anderson Anderson Business Law LLC

Re: Software that is no longer sold or supported

The co may be "out of business" but the (c) is still valid and someone may have been assigned the right to assert ownership (or may have bought it.)

Read more
Answered on 2/20/07, 9:36 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Software that is no longer sold or supported

Unless the company intentionally placed its software into the public domain, the copyright remains in effect. This probably did not happen. If the company failed its creditors would be entitled to its assets, including its intellectual property. Giving such an asset away shortly before going out of business would be improper.

Whether you are entitled to updates and support is probably a moot question; even assuming that you are, the company from which you are entitled to receive these things has gone under. You may still be entitled to update and support if the company sold the software rights to another company that is continuing to offer such services, but even then your rights would be subject to whatever limitations are set forth in your end user licence agreement.

Read more
Answered on 2/20/07, 2:33 pm


Related Questions & Answers

More Computer & Technology Law questions and answers in South Carolina