Hope it's ok to ask here!

[Mercer]

Hi all,

I'm in the final stages of creating a suite of shareware keylogging utilities designed primarily for parents to monitor certain aspects of their childs online activities. Now, my question is not regarding C++, but another aspect of software development, or rather, distribution.

I've never released something like this before, and I'm only now starting to do my research. If someone was to use my software maliciously, which is highly likely when it comes to keylogging software, could the software developer (me) be prosecuted?

As I understand it, I simply provide the software and I am in no way responsible for how someone chooses to use it. I've been looking for a good TOS / disclaimer to include with the program which clarifies this, but I've had no luck.

Would I need some form of license or legal cover to distribute and sell software of this type?

Has anyone developed or been involved in something similar and willing to share their experience or advice?

Much appreciated!

Aplologies if this is the wrong section of the forum. :S

[nezachem]

This is definitely a wrong venue. You need to ask lawyers in your jurisdiction, not programmers all over the world.

According to my belief system, in the afterlife a keylogger writer will share a cubicle with a spam operator and a product manager.

[jbennet]

I've been looking for a good TOS / disclaimer to include with the program which clarifies this, but I've had no luck.

What about the usual no warranty/liability one from BSD/MIT-licenced software?. Been around a long time and used by millions of projects so i assume it to be sound.THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

[nezachem]

It is a very nice disclaimer. The only problem (at least in US, and I suppose in UK as well) is that it has never been tried in a court of law. Until then nobody knows if it holds water.