Is it legal for the software to "Phone home" and provide ID

Question

What if my software will use a unique ID (obtained from license) for accessing update.

By that ID I can observe amount of piracy (e.g., how many used of the software with the same ID has updated from version 1.01 to 1.02).

As far as I know, Kaspersky Antivirus uses a license key to get the update of the database.

On the other hand I have heard of court cases against Sony due to implementation of unique id in some of their software; Intel was forbidden to give unique Id to each processor (somehow this relates to privacy).

So ... ?

Answer 1

It's legal so long as your users are informed of this behaviour.

Answer 2

This all depends on what country you in, what you declare in your EULA, etc., and can be a very complex issue.

But . . . do not get legal advice on a public forum, get a lawyer if you're really concerned. Otherwise, don't do it.

Answer 3

It is indeed legal in most countries, and in fact most COTS software does indeed provide some license information when downloading updates.

It goes without saying that you will need to specify this in the EULA or at least inform the user.

Answer 4

There are very strict privacy laws in the European Union. If you think that you will sell very many copies to those countries, make sure you comply with their laws. Among other requirements, the laws strictly regulate what data you may collect, how you may use it, how long you may store it, and how you must protect it (e.g. encryption).

Answer 5

What is legal:

• Making the software supply its ID in order to get an update. The customer always has a choice whether to get an update anyway (even if you don't give them one... they can choose to allow it to connect to your server).

What is questionable:

• Denying the update if their ID is a duplicate. This is also bad business - some other company may have stolen their ID and yet you're punishing them. If there is a duplicate better to log it, supply the update, and then contact relevant parties face to face/by phone.

What is not legal:

• Stopping the whole software from working at all if their ID is a duplicate. Apart from being unwise for all the reasons above it will also likely land you in hot water legally. There may be some special circumstances where you are able to do this but as someone else said, that's then where the lawyers make their money!

Hope that helps.