Proprietary file formats and the law

[WTFH]

These are the sorts of questions I need better answers to. I can't imagine any license agreement having anything to say on the first point. Answer to second is yes, including one supplied at hefty discount by the hardware vendors themselves!

OK, so you've bought the hardware and signed the licensing agreement (doesn't matter how much "discount" you got). What does that agreement say?

[mattster]

OK, so you've bought the hardware and signed the licensing agreement (doesn't matter how much "discount" you got). What does that agreement say?

As far as I am aware, no reference to their file output or file formats at all.

[Paralytic]

As far as I am aware, no reference to their file output or file formats at all.

It doesn't have to reference the file format specifically to include it in the agreement - many agreements will be written in general terms. But, without sight of the agreement (which I can understand you can't/don't want to post here) it's impossible to say.

Did you actually sign an agreement? You originally said you had not in your initial post, but then answered yes to point two in the post above: "At any time since then have you owned any of their hardware or signed/read and of their license agreements?"

But you may have just been referring to the hardware part of that question.

[mattster]

I've certainly never signed a license agreement, but there is probably one at the back of an unread manual in the box the device comes in - that kind of thing. I doubt very much back in the day whether much (or any) thought was given to protecting the file formats, even if that is possible (I don't think it is under UK law, but whether or not that matters with a bigger company after you..).

[Paralytic]

I've certainly never signed a license agreement, but there is probably one at the back of an unread manual in the box the device comes in - that kind of thing. I doubt very much back in the day whether much (or any) thought was given to protecting the file formats, even if that is possible (I don't think it is under UK law, but whether or not that matters with a bigger company after you..).

When you purchased the hardware (at a great discount) did you sign/agree to any purchase order or anything similar (even digitally or implicitly)? Small print in there could have you also signing up to licence agreements. And did you purchase that hardware personally or via your ltd company, and is your own project IP legally owned by you or your ltd company? This could be important as which legal entity might have signed up to any agreement might dictate judgements if you go to a solicitor.

[ladymuck]

I was going to say, most license agreements assume compliance without you reading them. The great one being that MS used to have on its retail boxes of Windoze "by opening this box you agree to the enclosed license agreement" or words to that effect. Lots of vendors have (had) license agreements that are not visible until you start to use the product.

[Lance]

I was going to say, most license agreements assume compliance without you reading them. The great one being that MS used to have on its retail boxes of Windoze "by opening this box you agree to the enclosed license agreement" or words to that effect. Lots of vendors have (had) license agreements that are not visible until you start to use the product.

there was a *ahem* documentary about assumed licensing terms.

HumancentiPad - Wikipedia

[BlasterBates]

This definitely doesn't apply here - there is nothing special about the format that could be patentable, or considered to be DMCA type copy protection which is another potential complication. In fact I'd say that other than being binary, the format is as simple and readable as you could possibly imagine it being for the data that it contains. An average IT bod would have it sussed in an afternoon if they knew roughly what kind of data is was supposed to contain and had a few example files.

I would either accept their conditions or otherwise take some legal advice.