Their basic summary is that they think my users could use my software to breech copyright, and that there's a possibility that I (as the software creator) could be held liable for "Secondary Infringement" as a result. They've noted that this kind of case hasn't been tried in a UK court since tape-to-tape copying machines back in the 1980's, but with Napster and Kazaa being found guilty in similar situations (within other duristictions), they think it possible that the court may decide differently this time.
Part of the issue hinges around reproducing music which is under copyright. Copyright expires 70 years after a composer's death and so most music used for learning a solo instrument are free from copyright because of their age.
My idea is much smaller than Kazaa and Napster and, having read the Own It document, I feel certain that the majority of my users will use the software legally. I guess that this could still potentially leave me open to lawsuits, but my hunch (without getting accredited personal IP advice) is that this is unlikely. For me, the big issue is whether I want to persue a piece of software that could be seen as "unjust". The IP laws are there for a reason (to protect the IP of creative people) and trying to get away with as much as I can just for my own ends doesn't seem right.
Dilemas all round! I'm having a think to see if I can come up with any other potential ideas. Anyone out there with a burning desire for some music software?!
"Lawyers have been known to wrest from reluctant juries triumphant verdicts of acquittal for their clients, even when those clients, as often happens, were clearly and unmistakably innocent." Oscar Wilde
4 comments:
Isn't the usual way round it to put in terms and conditions that the user must agree to efore they can access the software?
It's difficult to determine whether something can be abused before it's in the market. Also, companies like Napster blatantly marketed the fact that they were using a loophole to get away with something prohibited - a lot of the outcome of the way a product is used is in its marketing.
Maybe it's just a case of weighing up whether the benefits outweigh the potential abuse,the same as every other invention, from atomic energy to DVD recorders.
I have no idea what your software actually does, so none of this is probably relevant. I'll just go to sleep now.
Yeah - it's all swings and roundabouts. You're absolutely right - the document did advise using a licence or a disclaimer to cover myself and, as you pointed out, I wouldn't be marketing the product as illegal.
If I go for it, I'm going to have to get specific legal advice from a law firm who will defend me if someone sues. I've just got to decide whether it's worth the (large) investment needed to get legal advice! I also like procrastinating!
Thanks for your thoughts.
Post a Comment