A legal question regarding submission of files for analysis

Assuming that people uses licenced commercial software, they are likely - via the various agreements they’ve entered into - to be legally unable to share any portions of said software with anyone for any purpose.

Isn’t there a risk that the default behaviour of automatically sending certain files to Comodo for analysis, automatically can turn Comodo users into criminals by leaking legally protected intellectual propery they’ve agreed not to share?

I fully understand that the automated submission sends the files to Comodo only, but I have so far not seen any licence agreements making exceptions for analysis purposes.

Kind regards
Daniel Wikholm, Sweden

Sue me !!

Come and get me, Coppers! :BNC

If you want my opinion, there’s a difference between what’s not allowed by the licence and what the licencer doesn’t want you to do. Licences are ■■■■-covering legal jargon written so it can’t be legally cracked, but for the same reason they get absurd when applied to some specific cases, and the licencer won’t likely have any problem with those cases even though it’s literally against the licence terms. File submission exists in security software since a long long time, and software licencers never had any problem with it.

I am not a lawyer - and like the vast majority of consumers, I never spend more than a few seconds looking at EULA agreements. Based on what little I know, these are legally binding, and ignorance is not a strong defense argument if a licensor feels that you violated an agreement, and wants to take action against you.

But practically speaking - how realistic is it that an online file scan system of the type being developed here by Comodo would be viewed as theft by a software producer ? I say very LOW.

Wikholm’s original question is a good one - but I can’t see software producers taking on millions of firewall users over a no-risk issue. And by the way - it isn’t just Comodo that’s taking your files off your system - how about the millions of people who are using online storage (like mozy or amazon’s S3) to backup their files?

Interesting issue, but I don’t think it’s one to lose sleep over. If there’s a lawyer with intellectual property experience in the house ---- PLEASE jump in!

When doing online backup, you’re not making your files available to anyone else. When files are sent to Comodo, you do.

I don’t expect any real problems, but at least some intellectual property owners can be quite “trigger happy”. In one case a commercial game had the same file name as a much older and unrelated freeware, and some ftp operators were sent (nonsense) legal threats for offering the latter. Go figure…

I wasn’t, and isn’t, particularly worried. I’m quite happily submitting files for analysis. I just wanted to see what thoughts other board members, and possibly Comodo themselves, had regarding this issue. Thanks for the replies.

Kind regards
Daniel Wikholm, Sweden

(Btw, could someone add “Comodo” to the default spell checker word list?)