General software licencing question

[walter4h]

Hello everybody:
I am curious what is the general situation with software copyright and licencing. Imagine for example, a friend of mine has purchased some software, say, PDF Writer, by Adobe or some other company. I ask him to make a PDF file for me, which I then distribute through whatever means, selling or offering it for free from my site.
If that person is not in business of making PDF files for others, he just bought software package for his own private/business use, is this kind of a transaction legal? And if not, do I have to do certain things to make it legal, for example, to officially pay him or to make a reference in that file, as to who made it and with which software?
Is the legal side of a transaction of this kind the same no matter which software is used? Or would, Adobe, for example, treat it differently, as some other companies, which also make PDF writers?
Would the same apply, say, to DVD-making software?
Again, if someone purchased a software package, can I ask him to produce a DVD for me, which I then distribute commercially?
Again, to emphasize - people in both examples are NOT officially in business of making products from that software for others?
Thx: walter

[808smokey]

nope, nope and nope. If you make money of bootleg programs then it's illegal

[rkr1958]

nope, nope and nope. If you make money of bootleg programs then it's illegal

Not so fast there on the nope, nope, nope ...

If I read walter4h post correctly, someone who LEGEALLY owns the software package is producing a product for walter which he wishes to sell.

walter4h,
I'm not a lawyer but if the product produced violated no copyright or other laws then I think you'd be ok. In the case of the DVD you'd have to make sure you had releases from everyone in the video and permission to use any music in that you used in the DVD.

Again I'm no lawyer and I really suggest you get REAL & DOCUMENTED legal advice if you're serious about producing a product like this for sale.

[808smokey]

nope, nope and nope. If you make money of bootleg programs then it's illegal

Not so fast there on the nope, nope, nope ...

If I read walter4h post correctly, someone who LEGEALLY owns the software package is producing a product for walter which he wishes to sell.

walter4h,
I'm not a lawyer but if the product produced violated no copyright or other laws then I think you'd be ok. In the case of the DVD you'd have to make sure you had releases from everyone in the video and permission to use any music in that you used in the DVD.

Again I'm no lawyer and I really suggest you get REAL & DOCUMENTED legal advice if you're serious about producing a product like this for sale.

He uses "friends" & "Not Officially in business" which means he's selling bootleg "stuff" either way you look at it not legal. If he/she was seriuos they'd get a Business licences & a EIN # from the IRS, so you can pay taxes. Since this isn't "Official" it's therefore "Illegal"

[rkr1958]

nope, nope and nope. If you make money of bootleg programs then it's illegal

Not so fast there on the nope, nope, nope ...

If I read walter4h post correctly, someone who LEGEALLY owns the software package is producing a product for walter which he wishes to sell.

walter4h,
I'm not a lawyer but if the product produced violated no copyright or other laws then I think you'd be ok. In the case of the DVD you'd have to make sure you had releases from everyone in the video and permission to use any music in that you used in the DVD.

Again I'm no lawyer and I really suggest you get REAL & DOCUMENTED legal advice if you're serious about producing a product like this for sale.

He uses "friends" & "Not Officially in business" which means he's selling bootleg "stuff" either way you look at it not legal. If he/she was seriuos they'd get a Business licences & a EIN # from the IRS, so you can pay taxes. Since this isn't "Official" it's therefore "Illegal"

You're telling me that if you went to a professional studio that made a DVD for you from source material that YOU owned and/or had the rights to that you couldn't sale that DVD because you didn't own the hardware and software that the studio used to make the DVD. Think about that ...

What about companies that make press DVDs from an original that you own and/or have the rights to ... using your arguement you coldn't sale those DVDs because you don't own the equipment that made the pressed DVDs.

Maybe I misreading something here or misunderstanding the argument that you're making but it seems that you're arguement is that any product produced using any outsourced components is illegal if you don't own the processes that made those components.

To me it DOESN'T necessarily follow that because he uses a friend, who legally owns the software / hardware, to produce ones of those components that the final product is illegal. Again ... I'm not a lawyer and maybe I misreading something here.

Bottom line, in my opinion, if walter4h is serious about venture he/she needs to consult with a laywer whos legal expertise covers this area.

[rkr1958]

808smokey,

How about this scenario. Friends of mine who have a band want to make a music video of an original song that they wrote. I film the music video with my DV camera. I also cature, edit, encode, author and burn a DVD of this music video using SOFTWARE and HARDWARE that I legally own. Are you arguing that it'd be illegal for them to sale that music video? That just doesn't make sense to me.

[zak_swan]

well walter personally what i'd do is do what you're doing, and if lawyer from software company says u are violating there copyright/ agreement or whatever, turn around and say ,"sorry i did'nt know"
then if they want to arrest your bank account u should empty it promptly and spend it on copious amounts of beer, cigarettes, prostitutes, mind altering drugs then waste the rest.

[808smokey]

808smokey,

How about this scenario. Friends of mine who have a band want to make a music video of an original song that they wrote. I film the music video with my DV camera. I also cature, edit, encode, author and burn a DVD of this music video using SOFTWARE and HARDWARE that I legally own. Are you arguing that it'd be illegal for them to sale that music video? That just doesn't make sense to me.

No, that makes no sense, you're right. I was under the impression that he was selling copies of his "friends" stuff.

In your example, there's nothing wrong with that all. But IMO if you have to ask if it's legal then it's probably not legal.

Just my .02¢

[rkr1958]

... But IMO if you have to ask if it's legal then it's probably not legal.

Just my .02¢

Excellent Point.

Walter does need to check with an actual lawyer if he's concerned that he might be doing something to voilates copyright law. My understanding of US law is that violation of copyright law with no intent to make money is civil (i.e., you can be sued). Willful violation of copyright law with the intent to make money can be criminal (i.e., you can go to jail and be sued).