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I want to sell software that automates user activity on a website. Automated interaction is against the website's Terms of Use, as you would expect.

Is it possible to legally sell someone a tool to automate certain aspects of their use on a website if it breaks said website's Terms of Use?

If and when a user is punished for automation, they might want to come after me for creating and selling them the software. Assuming I am able to sell this tool legally, are there terms I can add to a EULA, Terms of Use, or something similar that protect me from users who were punished for automation, from coming after me?

Maskevich
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1 Answers1

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No

Unauthorized access to a computer is a crime in most jurisdictions. Producing programs that do that is also a crime in most jurisdictions. For example, says in s308G of the Crimes Act 1900:

(1) A person who produces, supplies or obtains data--

(a) with the intention of committing a serious computer offence, or

(b) with the intention of facilitating the commission of a serious computer offence (whether by the person or by another person),

is guilty of an offence.

: Maximum penalty--Imprisonment for 3 years.

(s308 includes a program in the definition of "data")

So what you are proposing is a crime. You can't have a contract that requires the commission of a crime so your ToS are unenforcable. Fortunately, because you and your customers are engaged in a joint criminal enterprise you don't owe a duty of care to each other so they can't sue you. No doubt that will be a comfort in prison.

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Dale M
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