Software legalities

[Phase]

I've got a bit of a dilemma that I hope someone can shed some light on...I work for a school board, and just recently installed a software package in a lab. While browsing through the program files directory I came across an exe file that I recognized as something that might not be legal. (SetStereo.exe from the Radium MP3 codec). AFAIK this codec is a hack of the Fraunhofer MP3 codec, on top of that I just noticed that this software package includes the DiVX4 codec (which is where the Radium MP3 codec came from).

Is any of this actually legal?? I've been told by my superiors that legally, we would be covered since we own licenses for the software, and we're obviously not responsible for what is included in the software package. But my concern is that that small time developer may not have licensed these products to include in his software package....am I under any obligation to inform the developer of my findings?? Or am I just being overly paranoid?

 

[XOR != OR]

Your superiors are mostly right: If you bought the software in good faith, it's not your responsibility ( legally ) to question all the code in it. The company you purchased the licesnses from are responsible for that. Legal, you and your school are in the clear.

However. If you suspect something goofy, I'd start asking questions and sending emails. If you want to limit your involvement, I'd simply send a quiet email over to the suspected original copyright holders and give them the details.

 

[Phase]

I guess my biggest concern is that the developer might not even be aware of legalities of including the DiVX4 & Radium codecs along with his program. What I'm looking to do is to verify that these codecs are illegal so that I can inform the developer that he might want to recall the software and make the appropriate changes. I don't want to screw over the developer at all (by all accounts he's a former teacher for our school board), I just want to save him from any legal troubles he could run in to. Although I don't know how feasible that may be since he's been selling this software for a couple of years.

 

[XOR != OR]

I guess my biggest concern is that the developer might not even be aware of legalities of including the DiVX4 & Radium codecs along with his program. What I'm looking to do is to verify that these codecs are illegal so that I can inform the developer that he might want to recall the software and make the appropriate changes. I don't want to screw over the developer at all (by all accounts he's a former teacher for our school board), I just want to save him from any legal troubles he could run in to. Although I don't know how feasible that may be since he's been selling this software for a couple of years.

Well, that's a bit of a sticky situation.

I think I'd still contact the vendors whom you think he is infringing on. They would be the best people to diagnose a problem, if there is one. I know he's kinda a small time operation, and you'd feel bad about this, but look at it this way: He's been selling this software for a few years. That implies to me that he has already investigated the matter. It's common business practice. If he hasn't then that's something that needs to be corrected. Typically, the folks with OSS projects are pretty decent when it comes to this thing, as long as they are treated with respect ( cherryOS is an example of how NOT to act ).

It's a hard choice, I don't envy you.