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  1. #1

    Default Adding New Functionality To Existing Software

    I'v always wanted to know the truth about this one, so here it goes.

    Say i have a program (call it program A) which is distributed publically on the internet free of cost and for example, i wrote program A. Program A is a third party application for an existing application (we'll call in program B).
    Program B is written by some other company. When you run program A, it checks the presence of Program B and alters Program B to add new functionality to it. When i say altering, yes i mean the programs binary code.

    Now Program A does not contain any of the original work in Program B, it only has the necessary information to change Program B, so the user must legally purchase Program B. The functionality that is added from program A does not bypass any copyright protection measures- so it doesn't unlock all the functionality of the program when it is registered for example or allow you to use the application without it being registered.

    However Program B has a End User License Agreement which clearly states you cannot modify the program in any way.

    Firstly, does an end user license agreement only mean they can only terminate your license to use their software? or in the above scenario does it mean they can potentially sue you or put you in jail?

    Does the copyright laws by default make it illegal to modify programs as well as copying them?

    It rather interesting if this is illegal because there are many programs out there that modify other programs. If you install a firewall, did you realize the way it works is by altering parts of the windows kernel?
    If you use a debugger, are you aware that placing a breakpoint with a debugger is also modifying the programs code?

    What about gamesharks. They alter the programs code of any Console game you want. If i start my own console game company and put a EULA on my game, can i sue gameshark?

    Any help would be great on this.

    Cheers,

  2. #2
    Join Date
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    Default Re: Adding New Functionality To Existing Software

    That can't be evaluated in the abstract, as your app may violate somebody's software patent. If it's just a licensing violation, then it's a civil matter governed by the licensing contract.

  3. #3
    Join Date
    Feb 2008
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    578

    Default Re: Adding New Functionality To Existing Software

    To a great degree, I think the key in answering the question becomes one of actual damage: "What damage does a software company incur if someone uses a third party application that modifies that software company's program?"

    An end user is pretty free to do anything they want with their legally purchased personal property/software. I can modify my personal copy/license of windows provided I don't sell the result and damage Microsoft as a result. By doing so I take the risk of losing warranty, tech support and other services, but I'm not damaging Microsoft per se.

    What financial damage does gameshark cause console game companies? I think it's a similar scenario.

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