ABA Family Legal Guide

Computer Law

Computer Copyright and Trademark Issues

Copying Software and Downloading Entertainment

What should you tell him?

Thanks, but no thanks. By downloading the software, your friend has agreed to the conditions of the software manufacturer, who retains intellectual property rights to the product. As a result, the manufacturer has imposed conditions on the use of the software, including that it not be transferred, given, or sold to another person once it has been downloaded, including to a friend.

You, in turn, will be unable to claim that you are merely an innocent recipient. Software companies are savvy enough to include the terms of the software's use on the programs themselves so that the warning against unauthorized downloading, use, or copying is clearly displayed on your computer screen before you even start to download or use the software.

Your friend, however, remains free to buy another edition of the software and give you that one as a gift.