Legal Question in Technology Law in India

Renting a software

Please let me know if it is possible to rent a licensed software to the customers. Right now, due to non-availability of the band-width in India it is impossible to rent a software online. We are intending to start a renting service where the software is loaded physically at the customers site. Please let me know if this has any legal implications as per our Indian Law. What are the aspects which we have to consider to start such a service?

Awaiting a speedy response.


Asked on 3/26/01, 6:48 am

4 Answers from Attorneys

Nandini Menon Nandini Menon

Re: Renting a software

Please check the terms of the license when you purchased the software. If the terms permit you to rent the software, then your problem comes to an end. If jwoever, the terms of your licence do not permit you to do so, then you cannot rent out the software, in any form whatsoever.To do so would be an illegality and you would be visited with the attendant consequences. The terms of your licence agreement are most important in this regard.

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Answered on 6/01/01, 1:59 pm
Vishwa Arya Arya & Co.

Re: Renting a software

Per existing Copyright laws in India, One cannot rent even licenced softwares without written consent of the copyright holder.

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Answered on 5/31/01, 12:36 pm
Satish Maheshwari Vakilbabu

Re: Renting a software

Dear Friend,

I am sorry, but as a matter of practise, we do not reply to queries from the persons, who do not give their complete details, nor to the persons not directly affected by the problem under the query. We also do not give any citations to the seekers.

Therefore we request you to send your query only through the query form at the Free legal advice pages of the vakilbabu website at http://www.vakilbabu.com quoting the reference LawGuru.com.

We believe you shall understand.

Warm regards

Satish Maheshwari.

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Answered on 6/05/01, 3:32 pm
Sajai Singh J. Sagar Associates

Re: Renting a software

The issue to be addressed here is not whether renting is possible or not in India. The issue to be looked at is what are the terms of your license.

If your licensed software allows you to rent / sub-licence it onwards, there is no restriction for you to do so in Inda. Therefore, the document that you need to look at is the license of the software that you have.

Warm regards,

Sajai

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Answered on 6/01/01, 12:34 am


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