The Legal Position of the MYOB User Group
Potential Legal Threats from Mamut and MYOB
Despite the clarity of the licence we have been advised that Mamut may react with a legal threat. They may issue an injunction. While we would seek to defend ourselves there is no doubt that this route carries an element of risk.
If we pursue this individually, there would be particularly acute legal risks. These risks multiply for any one business if they were to advertise that there is a means of reacting to the removal of the licences. This is why those who have decided to help the MYOB user community at this time have committed to only do so through a limited liability company which shares responsibility for the legal defence of what we are collectively doing.
As confirmation codes will only be issued to those willing to join this Association. Only the Association could then be the target for any legal action by Mamut or MYOB. This will be more problematic for them: if they attack us legally they will be directly opposing their own users. The huge advantage of this form of action is that it holds users together as a group.
The non commercial nature of this enterprise would be a significant defence against any legal claim of breach of copyright. The Association is intended to cover costs rather than act in a commercial and exploitative way with the MYOB users who are in this difficult situation. The Association is protecting itself by being very careful about who joins. Only those with valid existing licence can get the codes reconfirmed. Thus we are protecting the process of issuing confirmation codes from any charge of piracy.
If we pursue this individually, there would be particularly acute legal risks. These risks multiply for any one business if they were to advertise that there is a means of reacting to the removal of the licences. This is why those who have decided to help the MYOB user community at this time have committed to only do so through a limited liability company which shares responsibility for the legal defence of what we are collectively doing.
As confirmation codes will only be issued to those willing to join this Association. Only the Association could then be the target for any legal action by Mamut or MYOB. This will be more problematic for them: if they attack us legally they will be directly opposing their own users. The huge advantage of this form of action is that it holds users together as a group.
The non commercial nature of this enterprise would be a significant defence against any legal claim of breach of copyright. The Association is intended to cover costs rather than act in a commercial and exploitative way with the MYOB users who are in this difficult situation. The Association is protecting itself by being very careful about who joins. Only those with valid existing licence can get the codes reconfirmed. Thus we are protecting the process of issuing confirmation codes from any charge of piracy.
Legal constraints on what we do
If the Association is legally attacked there is obvious defence. We are acting to protect the licence terms that MYOB and Mamut between them have usurped. The circumstances when we will and when we will not issue a licence number is controlled. This means that codes will only be issued to:- Those who have a valid version 13-18 UK/Irish user licence (We expect proof of this before we will admit someone to membership).
- Those running a reasonable number of files (the version 17 licence allows for up to thirty datafiles, but we will generally expect a maximum of four).
- Those running a reasonable number of concurrent users, in line with their licence.
Legal obligations to members
If the Association is legally attacked there may be no way that we can prevent being shut down. Obviously we are trying to provide legal cover to allow you to continue using your software. If this legal route fails we may be unable to get your file working. In this event the Association will not be held liable for any failure to provide confirmation codes. Our limit of liability is the fee that members pay us.