The use of unlicensed software in our country is in the phases and the legal detection and follow-up process should be well examined. As a matter of fact, the use of software cannot be detected in public areas such as the sale of counterfeit brands. Engineering firms, factories and companies that need software use the software within their own companies and this makes it difficult for their companies to identify the software. For this reason, the detection of unlicensed software is a technical issue, and it is necessary to detect in companies and to run the legal process.
Unlicensed Software (Pirate) Detection and Regulation
The use of unlicensed software is protected by Turkish Law. The Law on Intellectual and Artistic Works is the law that ensures the protection of computer programs (software) and criminalizes the act of using unlicensed software. Article 1/B of the Law on Intellectual and Artistic Works is under the title of definitions and ‘computer program’ is defined as follows: ‘It refers to a computer command system that is arranged to enable a computer system to perform a special operation or task, and the preparatory work that will enable the formation and development of this command system. ‘
As can be seen, the Law on Intellectual and Artistic Works includes computer programs (software) within the scope of protection and counts them as works. Again, in Article 71 of the Law on Intellectual and Artistic Works, the sanctions of those who use software without a license, which are considered crimes, are regulated.
According to Article 71 of Fsek: ‘A work, performance, phonogram or production that processes, represents, reproduces, changes, distributes, transmits to the public by means of any sign, sound or image transmission, publishes or illegally A person who sells, sells, leases or lends or otherwise distributes, purchases for commercial purposes, imports or exports the works that have been processed or reproduced, holds or stores them for purposes other than personal use, from one year to five years imprisonment or judicial The use of unlicensed software is considered a penalty and sanctioned under this article.
You can access the Law on Intellectual and Artistic (FSEK) Works here.
The Process of Detection of Unlicensed Software (Pirated Software) Uses
Our law firm advocates for software nationally and internationally and detects unlicensed uses. Detection of illegal software uses requires meticulous work. As a matter of fact, the detection process proceeds as follows:
- Detection of the company using the software without a license
- Criminal complaint and search warrant request against the company at the prosecutor’s office
- Detection by law enforcement in the company performing unlicensed use
- Prosecution and Compensation Case Process
The process of detecting unlicensed software is in this way, and both we lawyers and software companies carry out the determinations of the firm. As a matter of fact, evidence is required for a Search Decision to be taken after the detection is made. According to the relevant articles of the Code of Criminal Procedure, there must be reasonable suspicion in order to issue a Search Decision. We, software lawyers, take a Search Decision about suspicious companies by presenting evidence and carry out detection within the suspicious company through law enforcement.
Prosecution Process and Compensation Case in the Use of Unlicensed Software (Pirated Software)
In the event that the use of unlicensed software within a company is detected as a result of the Search Decision, if the Prosecutor’s Office concludes that the crime has occurred, it will file a lawsuit against the suspect company officials and demand that they be prosecuted. The lawsuit to be filed will be heard in the Criminal Court of First Instance due to the gravity of the crime and the trial will begin. If it is concluded that a crime has been committed as a result of the trial, those concerned will be punished.
During or after the Criminal Trial, the lawsuit for compensation may come to the fore. As a matter of fact, according to Article 68 of the Law on Intellectual and Artistic Works, in case of infringement of financial rights, companies whose rights are violated will be able to file a lawsuit for compensation. According to Article 68 of the FSEK: ‘A right is not obtained from those who process, reproduce, distribute, represent or transmit any kind of sign, sound or image transmission to the public without the written permission of the right holders in accordance with this Law.
Owners may request up to three times more than the price they may request if the contract has been concluded, or the current value to be determined pursuant to the provisions of this Law’. According to this article, for example, if the price of the unlicensed software detected in the suspect company is 10,000 Turkish Liras, the software company that will file a compensation case will be able to demand up to three times of this price at the most.
Agreement (Compromise)
Reconciliation of the Firm and the Software Firm Executing the Unlicensed Use (Use of Pirated Software)
The use of unlicensed software is a complaint-related crime within the scope of Article 71 of the FSEK, and its follow-up depends on the complaint. For this reason, software companies that are in the title of complainant have the opportunity to withdraw their complaints. If the software companies withdraw their complaints, the Office of the Prosecutor will decide not to prosecute the file and all actions taken against the suspicious company will be deemed to have never been made. Of course, the complaining companies will hold reconciliation negotiations with the suspect company in order to abandon their complaints and wish their demands to be met. This process is called reconciliation and today complaints about many companies end with reconciliation.
Attorney Information to Issue a Power of Attorney for Detection of Unlicensed Software (Pirated Software)
Please contact our law firm to detect unlicensed software and to carry out these procedures. Click for power of attorney information and contact.