Software Developer Liability?

[tehmadcracker]

What would be a software developer's (usa) liability for developing a tool such as a gmail account creator?

-tmc

 

[ronnymundster]

Off the top of my head I would say that it depends on the developer's intent and to whom the software was sold. IM me if you need a more formal answer.

(ny attorney)

 

[betster77]

Are you talking criminal or civil?

Off the top of my head I would say that it depends on the developer's intent and to whom the software was sold. IM me if you need a more formal answer.

(ny attorney)

 

[ronnymundster]

Civil. Criminal liability is harder to attach generally because of the requirement of "mens rea" or the "guilty mind".

 

[multimedia]

OMG we have lawyers here

 

[wowhaxor]

I would assume you're not looking at too much trouble. They know they exist and can surely find the whois data on people's sites selling them. IMO Google doesn't waste time filing suit for such things.

 

[SNiiP3R]

Think of guns...Someone gets killed, who should be responsible? The gun manufacturer or a person who pulled the trigger?

 

[w84it]

Think of guns...Someone gets killed, who should be responsible? The gun manufacturer or a person who pulled the trigger?

I never though of it that way, thanks I often wonder if I should keep selling these tools of mine since I dont wanna get in trouble with Google or CL

 

[gimme4free]

Check through Gmail's terms and conditions. Overall if you create a fake identity and payment methods (Which are easy enough these days) you will have no problem at all. Whereas if you use real details you will probably receive a cease and desist letter where if you stop selling your tool nothing will happen else they will continue to court.

 

[tehmadcracker]

Think of guns...Someone gets killed, who should be responsible? The gun manufacturer or a person who pulled the trigger?

Well lets put that another way, look at the drug dealer who sells dope to a person, the person dies from the dope, and the dealer is charged with manslaughter.

Im still on the fence with this one heh

-tmc

 

[ChanzGrande]

Think of guns...Someone gets killed, who should be responsible? The gun manufacturer or a person who pulled the trigger?

This rather simple way of looking at the world may not be the best manner to determine legal responsibility and such.

Consider that guns are actually built to be used for legitimate purposes as well, war, crime deterent, etc... I highly doubt there is a legitimate purpose for some kind of account creator.

However, I agree with what was said about how one should probably use fake info to market this kind of stuff. Who wants to get a reputation as a "bad software" seller anyway?

 

[Sweetfunny]

It would depend on the overall functionality of the tool, if the sole function is to spam Google's services you may wind up losing in a civil suit and be liable for damages.

However if it has legitimate functionality like saving local copies of emails, exporting contacts, and typical email management features along with the ability to create accounts.. Then the onus of responsibility is more likely to fall back on the user for using it in ways which it wasn't intended.

Of course if you market it as a "spammer" you will have a harder time passing it off as a legitimate tool.

Google would probably just send you a polite C&D though.

 

[googlemonster]

OMG we have lawyers here

lol what you expect $$$$

 

[ronnymundster]

I think Sweetfunny has it nailed.

It would depend on the overall functionality of the tool, if the sole function is to spam Google's services you may wind up losing in a civil suit and be liable for damages.

However if it has legitimate functionality like saving local copies of emails, exporting contacts, and typical email management features along with the ability to create accounts.. Then the onus of responsibility is more likely to fall back on the user for using it in ways which it wasn't intended.

Of course if you market it as a "spammer" you will have a harder time passing it off as a legitimate tool.

Google would probably just send you a polite C&D though.