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I have built an android app and would like to put it on Google play. I found several articles suggesting it's safer to create a legal entity and put any applications under that entity rather than put them under your name as an individual from a legal perspective.

Although I started this app for fun, I haven't found a similar app on Google play yet and I obviously don't want to find myself personally liable or my assets involved in any way in the odd case the app is not downloaded only by my friends. On the other hand, as I am not building apps for living, I wouldn't want to add all the costs of creating and maintaining a legal entity if the chances of getting into legal problems are next to nothing.

Any one know for a fact it's best to do it one way or another? If I do decide to start as an individual is it possible to change it later on to a separate legal entity?

Thanks

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1 Answer

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Well it depends on what type of app you are planning to release. If your app does not need a lot of permissions on the user's device in order to work, you are OK to release it as an individual. The number of permissions and their kind directly defines your app's activity on the device and so forms a liability. To overcome such liabilities, its better to be a legal entity rather than an individual.

An app intended for fun should also be analyzed for liabilities prior to its release.

If you are sure that this app does not create any risk/liability to you, release it straight away.

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Thanks, never thought it had to do with the permissions. I was thinking of someone releasing a similar app in six months or releasing the same app for iPhone and sue me to say I have copied his patents. Is that a possibility? – iasonas Nov 20 '12 at 19:14
You can do a simple analysis in this case. Search for an app in Apple Store for something similar of your own Android app. In case you find similar app(s), check whether they are covered under copyrights. Check on their website for copyright information. It's unlikely that all iOS app owners develop the same for Android platform. If they don't have it, you can release your app. If they have it, you have a chance of getting sued. On the other hand, if your Android app is one of it's kind, none can sue you. Its good to be a legal entity with copyrights in case others try to copy your app. – Aditya Bhasale Nov 21 '12 at 7:05

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