Releasing a software?

[Maccer]

Hello fellas,

Under which license must I publish my piece of software to avoid the risk of getting sued by a company the software affects or violates its TOS?
Also, describe the procedure of licensing a piece of software.

Thanks.

[Cromon]

Hello Maccer

The license actually does not really affect the fact that your software might violate another company's TOS. Most countries I know (EU ones) however do not acknowledge any juridical value to the TOS. All they allow a company is to terminate their services for you, but there is no legal consequence if you violate such a thing (same for EULA and such). The only thing I know being more strict is a NDA, violating such a thing usually can be persuaded legally.

A license is not meant to protect you from legal consequences but to define what others are allowed to do with your software.

Greetings
Cromon

[Thaadevil]

Move to Sweden, you can't get sued here neither go to jail for it

[Zoidberg]

Hello Maccer

The license actually does not really affect the fact that your software might violate another company's TOS. Most countries I know (EU ones) however do not acknowledge any juridical value to the TOS. All they allow a company is to terminate their services for you, but there is no legal consequence if you violate such a thing (same for EULA and such). The only thing I know being more strict is a NDA, violating such a thing usually can be persuaded legally.

A license is not meant to protect you from legal consequences but to define what others are allowed to do with your software.

Greetings
Cromon

I am not a lawyer, but...

It is correct that breaching a EULA or TOS is not illegal, buy they can still sue you for breaching it. And it doesn't really matter if your own EU country does not acknowledge the juridicial value of the contract, since you have agreed in the contract that the contract is governed in accordance with the laws of France, and an EU regulation which counts for all member states, except for Denmark, makes this possible. So as I understand it, you can't get your local laws to protect you, unless you live in Denmark

[Cromon]

Yes, thats possible, i meant EU countries as countries in europe not countries in the european union, as I dont really know how laws are handled there. I myself live in Switzerland which is not part of the EU, so it doesnt really matter for me.