Legal Question in Technology Law in Texas

Pitfalls of selling my own "connection utility" program

I designed a program to remain connected to the internet, essentially bypassing a preset cutoff set up by the ISP, until I am ready to log off, not because I am forced to. The program is designed to be a service to users that have a legitimate reason to stay connected, but not constantly watch their computer screens. ISP's may not like my invention, which I would like to market on line. What measures should I take to prevent myself from being sued. I am only one person, I can't fight the ISP lawyers at all, I would be totally ruined. Please provide guidance for me. Thank you so much.


Asked on 5/01/00, 10:46 am

1 Answer from Attorneys
Andrew Thomas Thomas & Thomas LLP

Re: Pitfalls of selling my own

A good place to start would be to read the subscription agreements used by the major ISPs to see if such a utility would be a breach. Not only do you have to worry about getting sued by ISPs, you may expose buyers of your utility to lawsuits, which opens you up to more liability. At bottom, the answer to your question does not lend itself to common knowledge and would require legal research--especially since you are contemplating going in to business selling the program. Given the potential liability, you should also consider forming a corporation or limited liability company to protect yourself from personal liability. Feel free to call if we may be of service.

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Answered on 6/16/00, 1:04 am


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