Can I be sued for creating a marketing tool(bot)?
Los Angeles, CA
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Posted about 1 month ago in Intellectual Property
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I use a social networking site that pertinent to my industry. People do all the normal things there, and I created a program to automate some of the more routine things: Leaving comments, adding friends, etc.
The TOS forbids the use of bots, and so I know I'm at risk of having my account shut down, but.. 1) Could I be successfully sued by them for breaking the TOS/any other reason(infringement, etc)? 2) Could I be successfully sued by them for selling the program whether it's a free or paid version? Would it be wise to contact the company to get their approval if I was willing to monitor the program and block any abusers? Thanks so much for any advice you can give in this matter! Answers (3)Pamela Koslyn
This attorney is licensed in California.
Posted about 1 month ago.
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1) By the site, yes, if the TOS provides for suits for breaking the TOS, and no, if the terms just provide that you lose your account. Yes, someone else can sue you for infringement if your bot infringes, invades privacy, tortiously interferes with anyones' contracts, defames anyone, etc.
2) Can you be sued for selling a free program? Putting aside the fact that that's a logical impossibility, if the TOS forbid marketing what you want to market on this site, then the site may use that reason to shut down your account and take further action against you. Whether they'd be successful is hard to evaluate without reviewing your program and the site and its TOS, but you can be assured that a suit mounted by a social networking site would be problematic for you even if it lacks merit, and is something you need to try to avoid. If you want to do this, you should put together a proposal for the site of what you envision, but don't expect them to allow you to add applications to their site and assume its monitoring functions. But perhaps they'll make you a buyout offer. To prepare for that, make sure you've protected your program with the proper copyright. Because this technology exists is other forms, you're best off consutling with an IP lawyer to see if what you've created is even protectible, and if so how best to to it and how best to offer it to this site or elsewhere. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. Mario Sergio Golab
This attorney is licensed in Florida.
Posted 22 days ago.
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It depends of the TOS. Read it and it will tel you the consequences of breaking it. Perhaps, if the application is useful, you may want to contact the company and discuss its for mutual benefit.
Kaiser Wahab
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