united-states software eula
What are possible implications of developing software that breaks other software&#39;s EULA when used as intended?
<p>First, I'm <strong>not</strong> developing any software used for piracy, hacking or online game cheating.</p>

<p>Inspired by some AutoHotkey scripts, I made program that acts like a macro for some game launcher and updater tasks - ironically it also automates accepting the very EULA for that game whenever game is updated, while breaking that EULA by interacting with the game launcher.</p>

<p>The software is open source and I did not put great effort to hide any links between me and the software. With enough effort one could link it to my person.</p>

<p>In my case, the impact of the software is insignificant both by number of users and severity of violation. But my question is generic - as far as no damage is done to anyone by my software violating third party's EULA, can I be held responsible? Or is it the user - who is fully aware of the violation and actively participates in it by pressing a "start" button - who is the violator?</p>

<p>IANAL but I posit that the other company who wrote the game would have recorse against you using a something like "<a href="https://en.wikipedia.org/wiki/Tortious_interference" rel="nofollow">Tortuous Interference</a>", ie Intentional interference with contractual relations, or a statute codifying that in your jurisdictions.</p>

<p>Answer updated in response to question -</p>

<p>According to Wikipedia, the elements required to prove Tortious Interference are generally - </p>

<ol>
<li>The existence of a contractual relationship or beneficial business relationship between two parties.</li>
<li>Knowledge of that relationship by a third party.</li>
<li>Intent of the third party to induce a party to the relationship to breach the relationship.</li>
<li>Lack of any privilege on the part of the third party to induce such a breach.</li>
<li>The contractual relationship is breached.</li>
<li>Damage to the party against whom the breach occurs.[4]</li>
</ol>

<p>If your actions cause 5  and 6 to become true, I would say you are on the hook because elements 1 through 4 are met.</p>

<p>Specifically I put to you that you "do intend to induce a party to the relationship to breach the relationship" when you accept the EULA - thus creating an apparent relationship between the parties where none actually exists - ie you induced the end user to accept an agreement which they did not accept.</p>

<p>Damage to the game maker (or, for that matter end user) could occur if a breach of the EULA eventuates.</p>
