Computer Law question: Is it possible to "completely sell" software to someone?

[maddox]

I have made a harmful desktop app that can be used to do (illegal) things to a person's computer, spam people's e-mail inboxes, and generate a lot of excess traffic to websites.

Someone wants to use it, but I don't want to be blamed for any property he damages. Legally speaking, I am not sure he will use it for illegal stuff. I am wondering if I can "sell" it to that person, so that if he uses it for illegal purposes, none of it is my fault.

I digitally signed it myself.
Both parties are under 18, and reside in Ontario.

As for the kind of damage it can do, it can delete almost all of the files on the hard drives of all the computers that are currently running it, simultaneously. I guess it could be classified as a nooby "botnet".

So, can I "sell" it "completely" to him, so that **WHATEVER** he chooses to do with it, is his own fault, and none of mine. So that I'm not indirectly helping him.

I told him his personalized copy will be ready by tomorrow, giving this to him will help me gain some social status.

[mads]

So you know about it's harmful capability?
Is so, then such sale, transfer, loan, or any such use is partly your liability.

Do you think you could avoid liability if you just happened to find a nuclear device and sell it to Al Quaeda, so if it's used, you have no responsibility?

[iker]

If the software has no legitimate uses, then you could face legal action as well.

[ezri]

In Ontario you cannot legally sell something designed for the purposes of illegal activity.

[chika]

yes

[francisco]

If you digitally signed the program, then whatever purpose it is used for can be traced back to you. If they use it to hack or currupt someones computer, website, or network system, you can be held liable for any damages incurred and sued for monetary replacement of said damages.
Doing this to gain social status is just wrong, if that is what it takes to make a friend then he isn't worth being your friend.. find someone else to hang around.

[beacher]

Nope you created a virus from how you make it sound. In the very least you created something that can be used as maliciously and know the person MAY use it that way. You can't write it off as not your fault they used it that way. Peer 2 Peer programs tend to be free, and usually used maliciously, but the point of htem is they can be used for good. They can be used to share and transfer files that are LEGAL to transfer. If it was illegal because they could transfer things you aren't allowed to then Yahoo Messenger would be illegal as well.