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Legality of Reading Aloha Data

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beckkl

Programmer
Jan 5, 2006
4
US
I'd like to create an interface from Aloha to a web application for viewing reports, and sell it a few local Aloha customers that have expressed an interest. I do not need to have the Aloha Com object, as I am going off of the dbfs that result from a grind. Is there any legal issues with this? With most systems that are built on Oracle, Sql server, etc, the data is effectively yours to do what you want with, but I'm not sure if Aloha considers the data it collects to be proprietary. Is their sales data, after all. I can't imagine that Aloha has a say on what products you use to look at the data, even if their software collected it.... any thoughts?
 
This guy does it, but I do not know about the relationship he has with Radiant. Maybe you could email him and get better info.


Bo

Kentucky phone support-
"Mash the Kentrol key and hit scape."
 
One of my clients asked for his custom application that would take their ALoha sales data in a certain format, and automatically put it into an excel spreadsheet for their accountant. I had a database guy I use do it for him. It never occured to me to check to see if it was legal that needed to be looked into. Like you, I just assumed it's their information, in basic DBF tables, that are being accessed and manipulated by applications that are not their own. My thoughts on this are as follows:

1) If Aloha/Radiant really didn't want you to be able to access or use that information, they probably would have taken reasonable precautions to make sure you couldn't.

2) If this was something you were going to try to mass market or sell on a large scale, I could see maybe wanting to get Aloha's blessing on the whole deal. But if all you're doing is setting it up for a few people on the side, I don't think anyone is going to know and/or care.

3) I was flat out accused by Radiant of violating their software license a few years back, complete with phone calls, and threats of litigation. I was fairly uncooperative with them, and downright beligerent when I finally deciced it was time to "not be nice" anymore. It amounted to little more than a harrasment phone calls, and never went anywhere, despite attempts by some people to "make it go somewhere". My point being, although one or two individuals might have had their panties in a bunch, Radiant as a corperation (with probable cause and what would have been a something for them to be mad about) had better things to do (like making money) rather than harass people like you and I that were essentially helping to salvage their reputation (in my case), and futher the use of their product (in your case).

At worst, if they found out about it, and didnt like something you were doing, they'd likely ask you to "cease and desist" and that would be the end of it. Then it would be up to you to decide if you wanted to look into futher to keep doing it, or just move on to something else. At best, maybe they love your idea and offer to buy it from you--who knows. Anyway, just my two cents. I don't blame you for at least checking into it though.
 
While I'm not an attorney, my understanding is that there is case law that the legal owner of data for applications like Aloha is the merchant, not Aloha. Now even though the merchant may own the data, there is nothing stopping Aloha from encrypting the data, making it difficult for you to report usable information. I doubt they do this except for possibly sensitive information, like passwords and credit card data, but I don't know.

Now I would not be surprised if Aloha were to not support you or charge a support premium if side effects were to pop up related to your data collection. Hopefully, you'll test your collector well to avoid this situation. ;-)

Steve Sommers
Shift4 Corporation --
Creators of $$$ ON THE NET(tm) payment processing services
 
Legal action huh. Hmmm. I'm sure there has to be some sort of precedent for this somewhere. I struggle to think of another software package that has this limitation. I suppose that they could put anything they want in a license agreement. I've emailed their "partnership" email to get some information, but no response as of yet. To be honest, if their stance is you need to go through them to interpret the data, I'm calling Bullshit.
 
You're on the right track, Beck. These software vendors can AND DO put anything and everything into their licensing agreements, but that doesn't make it legal or enforceable. Think of it like The Club--the anti-theft device that goes on your steering wheel. I've seen on shows like "60 minutes" show that someone who knows what they're doing can have one off in like 2 minutes. Who cares? Even IF a thief that DOES know how to remove it comes along, will they pick the car with a club, or move on to an easier car? The answer is usually that they'll move on, unless the reward is juicy enough to make it worth it.

I've had non-compete clauses drawn up for employees that my attorney and I KNOW probably aren't fully enforceable in a court of law, but once the employee has signed it, the real power lies in that fact that the would-be competitor (employee) "thinks" that their hands are completely tied. The truth is, in some ways they are restricted, but the law gets pretty gray on what you can and can't do before it looks a lot like an unfair contract. It certainly doesn't mean they couldn't test me on it, or that I would even bother going after them in certain instances.

It sounds like to be you've already made your decision. And like Steve, I'm not a lawyer---but I feel the same as you. If it were me, I would do it until some asks me to stop--then I'd think about whether the reward was "juicy" enough to challenge them in order to continue, or find someone else to annoy :)
 
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