Legal Question in Technology Law in California

Direct Downloads of Software Found using Search Engines.

Hello LawGuru and thanks for a fanatastic free resource.

Is it legal to download software that is located using web crawlers like Google and Yahoo?

For example, I have inadvertently come across directory listings that contain commercial softwares like MacOSX and Office 2003.

These are not 'warez' sites, but instead companies and educational institutions who who do not protect their server contents with encryption, hashes or password access.

Thanks.


Asked on 12/23/04, 10:38 am

3 Answers from Attorneys

Donald Cox Law Offices of Donald Cox, LLC

Re: Direct Downloads of Software Found using Search Engines.

Unauthorized copying of software is unauthorized copying of software whether it is locked or not.

If you saw a bicycle on someone's porch without a bike lock, does the absence of a bike lock mean that you can take the bike? Sure physically you can take it with no effort, but if you are not authorized to take it, it is a theft.

I hope this helps,

Don

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Answered on 12/23/04, 11:01 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Direct Downloads of Software Found using Search Engines.

Of course not. Finding a way to download the software doesn't mean it is legal to do so. You seem to think that only hacking into someone else's system is against the law, but you forget that copying copyrighted software without permission is, too.

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Answered on 12/23/04, 3:54 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Direct Downloads of Software Found using Search Engines.

It ought to be obvious to you that copying copyrighted software is illegal whether someone offers to let you copy it or not. Less obvious is the fact that accessing someone else's computer to download their copies of copyrighted software, even if your access is due to their negligent failure to properly set their access permissions, is unauthorized access to a computer (computer hacking/violation of the Computer Fraud and Abuse Act) for which you could be held civilly and criminally liable above and beyond your liability for copyright infringement.

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Answered on 12/23/04, 4:04 pm


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