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Legal considerations for database development with PB

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  • Legal considerations for database development with PB

    I am looking to develop database applications using PB which may be sold in the USA and UK and CANADA. Has anyone any experience of the legalities involved in providing database applications in these different countries ? In addition I think there may even be problems in different states in the USA.

    Has anyone experience of this ? Is it a legalistic nightmare ?

    Are there any links I can follow to at least guage the scale of any possible problems (if indeed there are problems) ?

    Is the appliaction user the one who is responsible for the database or does the application supplier share legal responsibility ? Is there a way of ensuring that the user has complete responsibility for the use of the database application ?


    Any help gratefully received - I may be entering a minefield of problems here ?

    Best Regards,
    John

  • #2
    Take a look at Microsoft's EULA. That should serve as a good example of how to exclude all risks even if there's a Y in the day.
    Neil Croft (cissp)

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    • #3
      John --

      Just my opinion...

      A programming forum is the wrong place for this type of question.

      Seek the professional guidance of an IP attorney who has the appropriate knowledge and experience to give you an authoritative answer.

      Would you ask a lawyer for programming advice? If not, don't ask programmers for legal advice.

      -- Eric
      Last edited by Eric Pearson; 10 Sep 2009, 09:28 AM.
      "Not my circus, not my monkeys."

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      • #4
        SQL makes it incredibly easy to damage or destroy entire databases but, that doesn't seem to have discouraged developers. Of course, get a lawyer to create or look over your licensing terms.

        Nolo can be a handy place to get a general idea of the laws in a given field.

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        • #5
          Is there a way of ensuring that the user has complete responsibility for the use of the database application ?
          Sure, if you mean on a purchase [of license] contract basis. But most legal actions filed against developers are not for breach of contract, they are tort actions. And at least in the USA, anyone can sue anyone else at any time for any reason.

          But as Eric says, if you are really concerned about legality, engage an attorney.

          I am not a lawyer. My mother loved me anyway.

          BTW, your best protection? Quality plus the ability to say "no."


          MCM
          Michael Mattias
          Tal Systems Inc. (retired)
          Racine WI USA
          [email protected]
          http://www.talsystems.com

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          • #6
            I can't help but refer you here-

            http://www.dilbert.com/strips/?Page=2

            Check the August 30 2009 strip.

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            • #7
              Originally posted by John Lever View Post
              ... Is there a way of ensuring that the user has complete responsibility for the use of the database application ?...
              Sure, several:
              1) use a false name and address. PO boxes are good.
              2) Sell it under the Microsoft logo. Only the EU is big enough to sue them.
              3) Wear a mask.
              4) ...

              ===================================
              The true measure of a man
              is how he treats someone
              who can do him absolutely no good.
              Samuel Johnson (1709 - 1784)
              ===================================
              It's a pretty day. I hope you enjoy it.

              Gösta

              JWAM: (Quit Smoking): http://www.SwedesDock.com/smoking
              LDN - A Miracle Drug: http://www.SwedesDock.com/LDN/

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