When are Legal Disclaimers (or EULA's) needed?
I have published an app to the android and amazon app stores and currently my app has a legal disclaimer (End Use License Agreement) as part of it that runs the first time the start up the app. But my question is, is that needed? When do you need a EULA and when do you not? No one reads them anyway... but as a developer you need to protect yourself. What are the general guidelines for when you should and when you shouldn't? I did just because almost every other piece of software I have ever used had one, but I don't know why beyond that. Any help would be much appreciated.
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1 Answer
Well as far as when to use it, the question is simple. ALWAYS!!!
This explains to people what they can and can not do. Even if you distribute the software free, have your sources exposed, and put no restrictions on redistribution, just state that. Otherwise you're leaving things too open. People won't redistribute or extend for fears of copyright violation. On the flip side, not having one on a closed commercial app, opens the door wide open for someone to mess with the app, with no legal protections for you.
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But why do you have to include a EULA when you work is copyrighted. Can anyone point me to something a little bit more concrete as to why all computer software requires a EULA but nothing else does? Maybe a law or a court case or some legal reason why they are needed? – S.A.Jay 12 years ago
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Copyright is subjective when it comes to software. Take a look at curent battles between Google and Oracle in regards to Java. Unfortunately in the US, the legal framework for Copyrights is quite archaic, and digital productions/software isn't well represented. In addition, a copyright only covers copying, and not hacking, modifying, etc. FYI below from the copyright office: – User60812 12 years ago
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http://www.copyright.gov/circs/circ61.pdf – User60812 12 years ago
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This is the best definition and explination I was able to find; http://www.wisegeek.com/what-is-an-eula.htm – S.A.Jay 12 years ago
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Yes that more or less explains it. You are basically limiting use and protecting yourself. The full scope is quite comprehensive to cover in a Q&A site – User60812 12 years ago
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Yes, but I can't seem the find the full scope of it anywhere? Everyone uses them for computer software but they don't seem to be used any where else. What made the first person decide that they needed a EULA when they don't have have them for oven's, microwave's, or cars. – S.A.Jay 12 years ago
