Legal Question in Technology Law in Wisconsin

Website which users sell through

What legal steps are required to open a website which lets users sell their software at their own price through? Is it necessary to be a business?


Asked on 10/14/07, 3:47 am

3 Answers from Attorneys

David Anderson Anderson Business Law LLC

Re: Website which users sell through

If you plan on making a serious attempt at generating income, you would be wise to establish this as a serious business> At a minimum, this would include:

1) Setting up as an LLC or Sub-S COrp

2) Establishing online contracts or TOU which protect against liability and lawsuits

3)Ensuring that your IP (TM and copyright) issues are properly set up and do not infringe on established rights

I have over 10 years Internet Law experience. Call or email for assistance.

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Answered on 10/14/07, 7:16 am
Daniel Pepper Pepper Law Group, LLC

Re: Website which users sell through

Are you talking about letting users "sell" third party software that they have licensed, or software they developed on their own? There is a huge distinction, since as a licensee of a third party software product, attempting to "resell" the software in most situations violates the terms of the developer's software license agreement.

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Answered on 10/14/07, 9:40 am
Mitchell Roth MW Roth, Professional Law Corporation

Re: Website which users sell through

None. Individuals that are in business for themselves are a business. That being said, there are laws that have to be complied with depending upon a lot of factors, such as, are you using a fictitious name, employing others, etc.

You should hire an attorney to listen to you explain your business plan, who can then advise you of (1) what must be done, and (2) what you might want to consider doing and why.

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Answered on 10/14/07, 11:34 am


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