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Calling ATOT Lawyers: Software Licensing Question

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OogyWaWa

Senior member
Is it possible to create a software license where the user agrees to pay the cost after clicking agree, but never actually force them to pay? If you say in the license "You agree to pay 100MM USD upon usage" but only force the payment on certain entities? What amount of money is legally enforceable? Can I say you have to pay 1 trillion USD to use my software even though you could buy something similar for $25?

Basically what I want to do is write some encryption software that says everyone has to pay millions of dollars for, but I don't actually want to charge anyone unless they try and use the software to decrypt evidence for usage in legal proceedings...

The point is to make it so expensive that they don't want to even try to start a case.

I'm thinking it works like:
1) Everyone uses the software to encrypt their crap (i suppose they have to trust i wouldn't charge them)
2) Company A intercepts an encrypted file and wants to sue company b.
3) Company A cannot proceed with that file as evidence because as soon as i find out, i'll come looking for my 100MM USD.

I suppose i would have to prove they used my software, but i think that should be relatively straightforward (build in a fingerprint or something)

Thanks in advance 🙂
 
no it wouldn't and good luck trying to get a click through as a legal contract for any amount.
 
waggy said:
no it wouldn't and good luck trying to get a click through as a legal contract for any amount.
Click to expand...

Aside from this, that's not really security which is your ultimate goal, right? Encryption that can be trivially broken isn't encryption at all. Your efforts would be better spent working on an existing project, or making a separate program that utilizes an existing project. GPL3 is a fine license to use in this case.
 
OogyWaWa said:
Is it possible to create a software license where the user agrees to pay the cost after clicking agree, but never actually force them to pay? If you say in the license "You agree to pay 100MM USD upon usage" but only force the payment on certain entities? What amount of money is legally enforceable? Can I say you have to pay 1 trillion USD to use my software even though you could buy something similar for $25?

Basically what I want to do is write some encryption software that says everyone has to pay millions of dollars for, but I don't actually want to charge anyone unless they try and use the software to decrypt evidence for usage in legal proceedings...

The point is to make it so expensive that they don't want to even try to start a case.

I'm thinking it works like:
1) Everyone uses the software to encrypt their crap (i suppose they have to trust i wouldn't charge them)
2) Company A intercepts an encrypted file and wants to sue company b.
3) Company A cannot proceed with that file as evidence because as soon as i find out, i'll come looking for my 100MM USD.

I suppose i would have to prove they used my software, but i think that should be relatively straightforward (build in a fingerprint or something)

Thanks in advance 🙂
Click to expand...

I'm thinking a court ruling ordering you to decrypt it would come before you having a prayer of getting paid.
 
That's called "Extortion". Pretty sure contract law doesn't cover illegal or unconscionable activities.
 
I'm not your lawyer and probably not licensed wherever you live, but probably not, no. You're not writing a selective license, you're writing terms, upon which the breach would be liquidated damages in an obscene amount. Liquidated damages have to be reasonable to be enforceable in most jurisdictions. Masking it as a selectively enforced license fee just sounds funny, and that's usually a good indicator of whether or not something is going to be legally enforceable.

Remember, any entity large enough to try and squeeze big bucks out of is going to have the resources to properly fight back. The only reason these clickwrap agreements and such hold up is because nobody ever tries to enforce the really ugly ones against properly funded and defended parties, IMHO.

None of the above is legal advice, just an opinion. If you want to find workable alternatives, contact a lawyer in your jurisdiction. Depending on your goals, you might work out some kind of contract that protects whatever it is you're looking to protect.
 
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