Re: Follow-up to question about getting feedback from users

[quills -at- airmail -dot- net]

Which is why I said the company that provided the .chm help file. MadCap 
would be an incidental in culpability. Ignorance of the law isn't a 
defense. Companies dealing with customers in the EU have to be aware of 
the privacy laws. I'm just saying that there are different laws and 
standards applied when dealing in the U.S. and in the EU.

Scott

Sharon Burton wrote:
> So what happens when people in the EU go to my www.anthrobytes.com website?
> Is my server breaking EU law because my server collects basic info about the
> visit? 
> 
> Serious question. Every server collects basic server activity information,
> including IP addresses etc. Is this illegal under EU laws? 
> 
> Again, there is no "phone home" feature. MadCap the company is not
> collecting any information for or about you. Your installation of Feedback
> is doing it about your docs on your server. It's not MadCap doing this -
> it's your installation of your purchased copy of Feedback. 
> 
> 
> sharon
> 
> Sharon Burton
> MadCap Software Product Consultant
> Managing your content, one topic at a time
> www.anthrobytes.com
> 951-369-8590
> IM: sharonvburton -at- yahoo -dot- com
> Twitter: sharonburton
> 
> 
> -----Original Message-----
> From: techwr-l-bounces+sharon=anthrobytes -dot- com -at- lists -dot- techwr-l -dot- com
> [mailto:techwr-l-bounces+sharon=anthrobytes -dot- com -at- lists -dot- techwr-l -dot- com] On
> Behalf Of quills -at- airmail -dot- net
> Sent: Friday, September 25, 2009 3:14 PM
> To: TECHWR-L
> Subject: Re: Follow-up to question about getting feedback from users
> 
> The main point, that most are missing, seems to be that the privacy laws 
> of the U.S. are rather lax. If the EULA states that the software will 
> use Feedback and "Phone home" with the tracking information, that would 
> cover the U.S. customers, regardless of their druthers.
> 
> In the European Union, HOWEVER, they have MUCH stricter privacy laws, 
> laws that would place a great many practices of companies and 
> individuals in the U.S. under indictment if they were subject to those laws.
> 
> In other words, in the EU you cannot assume that the the "phone home" 
> feature of Feedback would be legal WITHOUT a positive and active 
> acceptance of that feature.
> 
> If it were in place in a .chm help file associated with a software 
> product, and installed in a computer in the EU, and it was found to be 
> active, then the company who made that help file, and MadCap would be 
> liable under EU law, and subject to both civil and criminal suites.
> 
> The moral outrage, the questions of ethical suitability are moot beside 
> the law.
> 
> Scott
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> 
> Free Software Documentation Project Web Cast: Covers developing Table of
> Contents, Context IDs, and Index, as well as Doc-To-Help  
> 2009 tips, tricks, and best practices.
> http://www.doctohelp.com/SuperPages/Webcasts/
> 
> Help & Manual 5: The complete help authoring tool for individual
> authors and teams. Professional power, intuitive interface. Write
> once, publish to 8 formats. Multi-user authoring and version control!
> http://www.helpandmanual.com/
> 
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^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

Free Software Documentation Project Web Cast: Covers developing Table of
Contents, Context IDs, and Index, as well as Doc-To-Help  
2009 tips, tricks, and best practices.
http://www.doctohelp.com/SuperPages/Webcasts/

Help & Manual 5: The complete help authoring tool for individual
authors and teams. Professional power, intuitive interface. Write
once, publish to 8 formats. Multi-user authoring and version control! http://www.helpandmanual.com/

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