Does the data protection act apply

Sam Vimes

Quick legal question:

If you write a piece of software that you charge for and someone cracks it and uses it in violation of the T&C, do you still have a responsibility not to misuse their data under the data protection act or does it not apply because you don't have a business agreement with that person? Basically if you have a list of people who have cracked your software can you name and shame them?

democrates

Sam Vimes wrote: »

Quick legal question:

If you write a piece of software that you charge for and someone cracks it and uses it in violation of the T&C, do you still have a responsibility not to misuse their data under the data protection act or does it not apply because you don't have a business agreement with that person? Basically if you have a list of people who have cracked your software can you name and shame them?

You might want to take a look at http://gpl-violations.org/faq/violation-faq.html

IANAL but I'd personally favour taking the same approach, seek to resolve amicably since you realise companies can 'make mistakes'. Getting invoices paid has to be a better option than risking legal costs not to mention your own reputation, right or wrong if you're seen in a fight you won't appear as approachable as someone keeping the peace as it were.

If it were me I'd explain how it works to them, as the author you hold copyright, and they are granted a license to use the software in a certain way, and though they might have thought they'd found a handy feature they're actually now in violation of the license. If you've given them the chance to save face and they still won't do right, then let the gloves come off, but still try to come out of it smelling of roses.

Sam Vimes

democrates wrote: »

You might want to take a look at http://gpl-violations.org/faq/violation-faq.html

IANAL but I'd personally favour taking the same approach, seek to resolve amicably since you realise companies can 'make mistakes'. Getting invoices paid has to be a better option than risking legal costs not to mention your own reputation, right or wrong if you're seen in a fight you won't appear as approachable as someone keeping the peace as it were.

If it were me I'd explain how it works to them, as the author you hold copyright, and they are granted a license to use the software in a certain way, and though they might have thought they'd found a handy feature they're actually now in violation of the license. If you've given them the chance to save face and they still won't do right, then let the gloves come off, but still try to come out of it smelling of roses.

Sorry just to clarify this is not my software, it's someone else doing it. You say let the gloves come off but if it's explained to them that if they crack the software their name will be made public does that make it legal or would you still have an obligation not to?

democrates

Sam Vimes wrote: »

Sorry just to clarify this is not my software, it's someone else doing it. You say let the gloves come off but if it's explained to them that if they crack the software their name will be made public does that make it legal or would you still have an obligation not to?

Sadly as a non-legal I don't know the answer with regard to the Data Protection Acts, maybe it depends on what kind of information it's proposed to publish.

I recall some businessman on RTE about 6 months ago putting a list of names in his window of people who owed him cash, also haven't the Revenue listed names in the paper for tax settlements, so I'd guess name and shame might be legally ok but that's obviously not a qualified legal opinion!

Again I'd try the amicable route first, if there's no joy you don't need to have absolute clarity on your legal recourse in order to let them know that you'll be left with no option but to take legal steps if they don't make ammends. In fact why let them know that the consequences will be limited to name and shame, let them stew and imagine the worst.

But starting the dialogue with a legal threat means subsequent events are framed adversarially, and then there's little chance of getting a win win out of it.

GerardKeating

Sam Vimes wrote: »

Quick legal question:

If you write a piece of software that you charge for and someone cracks it and uses it in violation of the T&C, do you still have a responsibility not to misuse their data under the data protection act or does it not apply because you don't have a business agreement with that person? Basically if you have a list of people who have cracked your software can you name and shame them?

I would have thought the Libel/Slander laws much more relevant.

The Data Protections covers infomation, not sure if your actual name would be covered.

Sam Vimes

democrates wrote: »

Sadly as a non-legal I don't know the answer with regard to the Data Protection Acts, maybe it depends on what kind of information it's proposed to publish.

I recall some businessman on RTE about 6 months ago putting a list of names in his window of people who owed him cash, also haven't the Revenue listed names in the paper for tax settlements, so I'd guess name and shame might be legally ok but that's obviously not a qualified legal opinion!

Again I'd try the amicable route first, if there's no joy you don't need to have absolute clarity on your legal recourse in order to let them know that you'll be left with no option but to take legal steps if they don't make ammends. In fact why let them know that the consequences will be limited to name and shame, let them stew and imagine the worst.

But starting the dialogue with a legal threat means subsequent events are framed adversarially, and then there's little chance of getting a win win out of it.

Fair enough. I can't imagine it going that far anyway

GerardKeating wrote: »

I would have thought the Libel/Slander laws much more relevant.

The Data Protections covers infomation, not sure if your actual name would be covered.

The libel/slander laws only apply if what you're saying isn't true

It's not actually their name that's being published, it's their username for a variety of services.