Advice Needed

[Seamhead]

What is the name of your state?
Oregon

I'm writing a book about certain events in Major League Baseball history. The point of the book is to "go back in time" and replay the events to come up with a different outcome. For example, many players missed playing time due to World War II. But I'll be writing the chapter as if these players missed no playing time, thus completing many careers that have holes in them. I purchased a computer program that simulates major league baseball games and have been using the results for the basis of some of my writing. All of the writing is my own.

Here's a copy of the licensing agreement that came with the program. The name of the program has been censored out:

"(Censored) is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This license agreement grants you the nonexclusive right to use (Censored) for personal and recreational use. Commercial use of (Censored) is not permitted. You may not rent or lease (Censored)."

So here are my questions:

1. If I'm lucky enough to sell the book when it's finished and I make a profit, will the program's designer have any legal claim to any profits? Can he sue me for using his program to begin with? Mind you, I'm not hacking into his code or divulging anything about the program that someone could use to recreate a similar program. In fact, the name of the program is never mentioned in the book. I'm merely reporting the results that the program generates as if they actually happened.

2. Am I obligated to request his permission to use the program? If so, I have no problem with that. In fact, I'd prefer to have his permission, so I can stop worrying about whether I need it or not. Or I can just keep my mouth shut, never mention the program that I'm using and hope no one ever asks.

Any advice will be greatly appreciated.

Thanks!

 

[CaliCat]

I'd personally keep my mouth shut. They aren't using any money on you using this program. But if you'd really like to, write a letter informing him of what you are using the program for, that you may make money due to it's use, and request permission to proceed. But beware that he make request royalties. But really? I doubt it's worth the bother. If he's not losing money, who will know and who will it hurt? Bad rationalizing, but oh well. I seriosuly doubt he will read your book and think, Hm, he may have used my software that he bought! If he reads it, he probably won't even think of it.