Software product license. A program is an ordered sequence of commands for a computer, written in a special language and placed in a file

Introduction

The software is protected from unauthorized copying by copyright laws. Copyright laws provide that the author (publisher) of the software retains several exclusive rights, one of which is the right to make copies of the software.

The purchase of a software product is the acquisition of a license (right) to use it. Each program used requires a license.

Licensing rights generally differ for different product categories:

Personal operating systems, desktop applications, games, multimedia programs are licensed according to the following principle - one license for one computer. It doesn't matter how many individuals use the computer.

Development tools are licensed on the basis of one license per individual.

Server products generally offer two licensing schemes: server / client licensing (a server license for installation on a server plus CALs for devices or users accessing server services) or processor licensing (a processor license for each processor in the server).

According to the Civil Code of the Russian Federation, software (software) is an object of intellectual property and is protected by law (Civil Code of the Russian Federation, part 4, chapter 69, article 1225). At the same time, copyright protection legally applies to all types of software (including operating systems and software systems), regardless of the language in which they are written and in what form they are expressed, including the source text and object code (Civil Code of the Russian Federation, part 4, ch. 69, art. 1261).

A license as a permit from a competent state body to carry out a certain type of activity is issued on the basis of the Federal Law "On Licensing Certain Types of Activities" and a number of other federal laws. The use of licenses-permits for the use of intellectual property is governed by intellectual property legislation, in particular, the laws of the Russian Federation "On Copyright and Related Rights", "On the Legal Protection of Computer Programs and Databases", "On Trademarks, Service Marks and Names places of origin of goods ”, RF Patent Law.

1 Article 146 of the Criminal Code of the Russian Federation. Violation of copyright and related rights (illegal use of objects of copyright or related rights, as well as appropriation of authorship, if these acts caused major damage). The punishment is imprisonment for up to 6 years.

2 Article 147 of the Criminal Code of the Russian Federation. Infringement of inventive and patent rights (illegal use of an invention, utility model or industrial design, disclosure without the consent of the author or applicant of the essence of the invention, utility model or industrial design before the official publication of information about them, appropriation of authorship or coercion to co-authorship, if these acts caused major damage ). The punishment is imprisonment for up to 6 years.

Types of licenses

1. Exclusive or non-exclusive rights to the software may be transferred under a license agreement.

When transferring non-exclusive rights, the copyright holder grants the user the right to use the software on an equal basis with himself or other persons also authorized by the copyright holder. At the same time, the copyright holder does not lose the opportunity to use the software himself and grant the right to use this software to other persons. When transferring exclusive rights to software, the copyright holder transfers to the user his exclusive rights to software; in this case, the copyright holder is not entitled to exercise those powers that were transferred to the user under an agreement on the transfer of exclusive rights, as well as to transfer these powers to other persons.

2. The software can be distributed under the open source conditions (OpenWare), or without such a condition.

When distributing software under open source terms, the copyright holder, granting the user the right to use the software, also transfers the source codes of the program. In this case, the user may be given the right to modify the source texts in order to revise and improve them. The subsequent use of the software products obtained as a result of such processing differs depending on the type of license. There are currently two groups of generic open source software transfer licenses: the GNU GPL (General Public License) and FreeBSD (the University of Berkeley).

Their main difference lies in the "inheritance" property of open source: under the terms of the GNU GPL license, all software products obtained as a result of processing or modernization of the code distributed under such conditions can also be redistributed further only under the terms of the GNU GPL. This, on the one hand, contributes to progress in the development of software, on the other hand, it violates the property interests of some developers who have invested heavily in the modernization of the program code.

The Free BSD License provides greater freedom to use the transferred software. Under the terms of this license, software products obtained as a result of processing the provided software code may be distributed on any terms, including on a reimbursable basis. The FreeBSD and GNU GPL licenses are widespread, but they are not the only open source software transfer licenses available. The rightholder, if necessary, can develop his own conditions for granting rights to such software, to a greater or lesser extent restricting the user's rights. Software distribution licenses that do not contain open source terms are more varied. Each copyright holder can develop their own terms of granting rights to the software. Almost all such licenses contain a prohibition on any modification of the program code, unless such modification is permitted directly in the legislation (for example, adaptation of the program).

3. A common division of types of software depending on the terms of the license is their division according to the criterion of compensation. According to this criterion, the software is divided into freeware, shareware and commercial. In some cases, software is also distinguished, which is distributed under special conditions. Free software (FreeWare) should not be confused with "open" software (OpenWare): just as free distribution does not mean open source, open source does not entail free distribution. When providing software on a free basis, the copyright holder, as a rule, stipulates special conditions for using the software. A common condition is the prohibition on making any changes to the program code, except as expressly permitted by law. The usual condition for a "free" license is a disclaimer of the copyright holder from any warranties and obligations associated with the operation of the software.

Shareware distribution of software implies that the user is given the opportunity to get acquainted with the program, test its capabilities when solving the user's problems. In this case, either the term of the free use of the program is limited, or a functionally limited version of the software is provided. Upon familiarization with the program, the user has the right to either refuse its further use, or pay for the software product and acquire the rights to it in full.

Commercial distribution of software assumes that the user must pay for the programs, only after which he receives the rights to them. Typically, license agreements that provide for up-front or post-payment for transferred software contain more warranties and obligations from the copyright holder than licenses for free software.

In some cases, copyright holders who distribute their software on a commercial basis provide the rights free of charge, or shareware. Usually, software delivery agreements in such cases contain a set of additional conditions that restrict (less often expand) the rights of users, as well as provide for the limits of the use of software products.

4. License agreements can be subdivided depending on with whom and for what purposes they are concluded. By this criterion, one can distinguish end-user license agreements (EULA - End User License Agreement), and licenses that provide for the possibility of updating the software.

A standard form of a license agreement with an end user has not yet been developed; different copyright holders use different, albeit similar in content, license agreements. End User License Agreements generally provide the minimum amount of rights granted, and the rights are never granted on an exclusive basis. Such agreements also establish the limits of the user's rights, the guarantees of the copyright holder, and determine the mechanisms for technical support for the use of the software. Unlike uniform end-user license agreements, license agreements that allow you to customize your software can vary considerably.

January 27, 2016 at 11:39 AM

Software licensing

IT standards,

This article is written for those who want to understand what software licensing and licensing is and what it is for. Naturally, it is not possible to consider all possible software licensing schemes in a short article, so I will try to briefly show only the most popular of them.

The main document that defines the rights and obligations of the software user is the license agreement, which is attached to the purchased product either in the form of a paper document or in electronic form. It is this agreement that governs the use of this instance of the product. Essentially, a license acts as a guarantee that the publisher of the software, who owns the exclusive rights to the program, does not sue the person who uses it. In other words, the software publisher places a certain protective framework on the use of its software.

Classification of licenses and types of software licensing

Basically, programs are divided into two large groups - free use (free and open license) and non-free (commercial license), and between them there are shareware programs that can be attributed to two groups in half, such programs can be downloaded and used, but until you pay it, you may have some problems or restrictions.

Open source includes: Open source open source programs that can be modified.

Free ones include: Freeware, GPL, Adware, Postcardware, Donationware, Nagware / Begware.

Shareware includes: ShareWare, TrialWare, Demoware.

Commercial include: Commercial the main purpose of such programs is to make a profit, the code of the programs is closed.

For clarity, let us consider the comparative characteristics of the conditions of the most common licenses in the form of a table, which will indicate the presence or absence of certain requirements in the license. All licenses that will be considered are licenses approved by the Open Source Initiative to distribute open source software.

* Unless written permission to use the product name of the creators of the license.
** In this case, we are talking about the source text.

Let's briefly analyze what type of licensing and what it is.

OEM. The preinstalled software is one of the cheapest options. It consists in the fact that the user purchases the software together with the computer itself or the server and can only be used on the purchased PC.

Full Package Product. The "box" product is mainly used for retail and is convenient for individuals or small businesses. Permission to use a software product on one computer gives the purchase of one "box" and no matter how many people will use this PC. You can also change your PC, but a certain number of times.

Volume Licensing. A corporate license is convenient for companies that have many employees, computers and therefore need to purchase many licenses. At the same time, the company receives one registered software license, which contains information about the customer (name, address, etc.), a list of software and keys for its installation. Basically, under this licensing scheme, companies ordering a personalized license, software developers or distributors provide significant discounts, technical support, solutions to non-standard situations, etc. Today it is the best for buying new software or updating it for companies.

Subscription. A software licensing subscription is charged monthly or annually. This scheme is convenient for companies that buy more than 10 licenses. It allows users to get almost all the main benefits of using this product for a minimal initial cost.

So, now let's see what is the difference between the types of licensing, and what would it be more clearly presented in the form of a table.

Now, according to this table, we can conclude to whom, which is more suitable.

The OEM version is suitable for those who purchase new equipment. If the software is already preinstalled by the assembler, then the equipment will be much cheaper than buying it yourself and installing it on each device. Time and cost benefit.

The FPP version is suitable for those who have already purchased equipment but lack the necessary software, especially if the company is small and employees will use one PC for several people.

VL version is suitable for large companies that need fast tech. support and the ability to solve non-standard situations. And also when buying a license for the whole company there are always very good discounts.

SUB version is suitable for those who want to use the software for a short time, or do not know how much this software will be useful to him. If the product is needed for long-term use, then it is better to look at the version out of the box.

Licensing development trend.

In conclusion, I would like to show how licensing is developing and where everything is going. At the moment, there are two popular directions:

1) Subscription for software licensing. Software makers are serious about converting their products to a paid "subscription". Why pay for a product in full at once if you can pay in installments as you use it? Let's compare the advantages and disadvantages of this licensing for the user, and also give an example of the benefits of this method for software developers.

Software developers are smoothly transitioning from “perpetual” product use to subscription. Let's take a look at how it works:

Thus, software manufacturers encourage users to buy subscriptions continuously.

2) Partial transfer of commercial products to open licenses. Thus, attracting large companies and states for sponsorship.

After reading this article, you can understand that licensing practices are constantly changing, and organizations should periodically review the various types of licenses and licensing models, as well as monitor changes in related legislation.

Freeware is a type of software license that provides for free use of the program. In this case, the developer can specify what kind of use can be free (personal use, commercial use, etc.). Also, the absence of payment for using the program does not mean that the user has the right to change the source code of the program, as well as independently distribute the program in any way. Freeware is sometimes confused with Free Software, but there are significant differences between the two licenses.

Demoware

Demoware - software that serves to demonstrate the capabilities of the program. These are "stripped down" versions of paid programs that you can download in order to try the program in action. In demo mode, as a rule, part of the program's functionality does not work. For example, a graphics editor may provide only a subset of image processing tools. Also, developers can disable the function of saving work results, giving the user the right only to get acquainted with the capabilities of the program.

Options for limiting functionality in Demoware:

providing part of the program's functions (10 effects out of 30, for example);
in demo mode, only those functions are provided that have been on the market for a long time, and together with the purchase of a license, previously disabled innovative functions are added (for example, writing data to CD / DVD is available in demo mode, and work with Blu-ray discs is only when purchasing a license);
the functions of saving the results of work are disabled;
adding to the saved file designations that the program was used in demo mode (for example, in a photo or video, the copyright of the authors of the program can be added).

Trialware

Trialware is a type of software license that, like Demoware, is used to demonstrate the work of paid programs. The difference is that in such programs, it is not the functionality that is limited, but the time of use. The developer of the program gives the user the opportunity to test all the functions of the program for a limited period of time. The trial period can be very different and calculated in different ways. A very common trial period is 30 days. Also, there are often programs that run in trial mode for only 14 days. However, there are other periods of use of programs: 7 days, 60 days, 90 days ... In addition, sometimes the developers count the trial period not by the number of days, but by the number of launches. That is, you can run the program only, for example, 20 times, then it will not work.

GPL

The GPL (Free Software) is a very interesting type of licensing that provides the user with ample opportunities. This kind of software is not like other programs. Judge for yourself: you have the opportunity to use the program for free for both personal and commercial purposes, change it (improve it), distribute both the original program and the one you have changed. The only thing you shouldn't do is sell both the original product and your modified product. Free software (also called Open Source software) is licensed under the GNU General Public License (GNU GPL).

In practice, everything happens like this. Free software is being developed by a group of volunteer (or hired) programmers, but they distribute their software not only free of charge, but also along with the source code. That is, having programming skills, you can improve the program or change its functions to suit your personal needs - after all, you have not only the compiled program, but also its source codes. You can also participate in development in groups of programmers. This is a simplified framework for developing and distributing free software.

Sometimes it happens that, due to the desire of many users to make their own versions, the program is distributed over the Internet in dozens or even hundreds of versions, each of which has its own pros and cons - an example.

Excellent examples of Free Software are:,.

Commercial software

Commercial software is a type of licensing in which the main purpose of distributing the software is to make a profit. Programs with such a license are often distinguished by the fact that the developer does not even release trial versions. That is, you can use such a program only after purchasing a license. Commercial software developers often write custom software.

Donationware

Donationware is a type of Freeware, the peculiarity of which is that the author asks users to make a voluntary donation, which would help to further improve the product. However, since a donation is by definition not mandatory, you are eligible to use the program for free. Donationware's license principles are completely identical to those of Freeware, and the license itself is formal in nature.

Adware

Adware is a type of software that can be either paid or free, but its distinguishing feature is the presence of ads in the interface or during the installation phase of the program. Usually Adware is free and often quite useful software. But developers still try to profit from their software by embedding ads.

Adware programs can contain several types of advertising:

a proposal to change the start page in the Internet browser, embed a new search engine as the default system and / or install a new toolbar in the browser;
a proposal to install, in addition to this program, an additional program, the functionality of which is not related to the tasks performed by the first program;
banners in the interface advertising Internet services, any goods, or other software.

Shareware

Shareware is a type of software commonly understood as all Trialware and Demoware programs. These are trial versions of paid software.

Beerware

And finally, Beerware. This is a Donationware variation in which the donation is beer! This is a comic type of license, which implies that the user can use the program for free, but if he likes the program and he meets the author of this program, he must buy him a glass of beer.

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ESSAY

nand the topic:Licensed and unlicensedcomputer support

Introduction
1. Licensed software
2. Unlicensed software
3. Responsibility for the use of unlicensed software
Conclusion
List of used literature

Introduction

A software license is a legal instrument governing the use and distribution of copyrighted software. Typically, a software license permits the recipient to use one or more copies of the program, and without a license, such use would be considered an infringement of the publisher's copyright. Essentially, a license acts as a guarantee that the publisher of the software, who owns the exclusive rights to the program, does not sue the person who uses it. Non-licensed software is a violation of copyright and the use of non-licensed software is criminalized.

Any personal computer, even the most modern one, without the necessary software installed on it, is a heap of iron. In this state, no computer is capable of performing even the most basic operations. So what exactly is software. Software is a set of programs that provide the execution of tasks solved on a computer. All software is supplied on floppy disks, laser disks (CD, DVD) or via the international Internet. Sometimes a software product can cost much more than the computer itself! In the conditions of "poor" Russia, our PC users do not buy expensive licensed products, but are forced, in fact, to violate the Criminal Code by purchasing cheap pirated copies of programs. In Russia, the author's control of firms applies only to commercial enterprises: factories, factories, firms, educational institutions.

However, educational institutions are provided with a discount when purchasing licensed software - up to 70%. Tracking the market for all software, you can draw up its classification scheme: "PC software" PC - a set of technical means (system unit, monitor, keyboard) for creating, processing and storing information. The PC runs under program control. And the program must be written in a language that the computer can understand. The words of such a language consist of 0 and 1. Because in the 60s, computers could only calculate, that is, work with numerical information. In the 70s, the computer learned to work with text. In the 80s - with graphic information. In the 90s - with sound information.

A program is an ordered sequence of commands for a computer, written in a special language and placed in a file. The collection of programs and data intended for their processing is called PC software. Some programs are built into the permanent memory of the computer, but there are few of them.

Basically, they are stored on floppy disks, hard drives, disks. The software is divided into three classes:

1. System software

2. Application software

3. Toolkit of programming.

1. Licensed software

The Licensed Software defines the owner's rights to receive proceeds from the sale of a technically manufactured product. A license from the category of copyright laws. Without a license, all rights to own a product can be challenged in court.

The owner of the software is entitled to redistribute this product, but may not copy it more than twice. As a result, using a licensed software product, you can safely work with it, without fear of being exposed in the use of fake low-quality gadgets, etc.

Nowadays, most Russian companies prefer to work with patented licensed technologies and programs. Since they are the most cost-effective and there will be no danger of being caught working with a pirated copy. In this regard, the use of gadgets based on licensed programs will not cause discomfort when turning to online games or online casinos.

In addition, the licensed software will not suspend its functioning due to a malfunction. But even if such a situation is allowed, then there will always be an opportunity to ask for help in debugging or refunding money for a low-quality product.

All software from the licensing side is strictly regulated. Obtaining and using the products is based on the assignment of the license to the groups. These groups are:

Not free;

Free, open.

The differences between these concepts subsequently affect the rights of users of the product. The main point of non-free licenses is that the author of the software in the license gives the opportunity to use the product or a copy of it, but at the same time is the sole owner of all rights to this product. One example of such a term is the situation with the "Microsoft Windows" product. This technology of circulation is similar to the principle of roulette. It excludes the use as reverse engineering, simultaneous work in the system for more than one user, etc. Many licenses add a number of restrictions. For example, the rights to the license for the game "SolidWorks" belong to such a situation. The list of restrictions applies only to certain regions, and provides for the collection of information about the operation of the software. Many licenses stipulate that the software product is not transferred to others. As in the situation with online casinos.

Free or open source licensing agreements do not allow product duplication, stipulate basic requirements for end users. Namely, the end user is ultimately the sole owner of the product. However, all copyrights remain with the author of the game or software. One true example of a free license is the "GNU General Public License" product. It is thanks to the free license that the user is entitled to distribute the product and change it. In this case, all changes must be written in the source code. All free licenses do not constrain users in their decisions. And this is a big win, where everyone gets their own jackpot.

Of course, you can work with the product without a license, but if you want to change something in the product, it is necessary. And the site russiancasinos.org has it. It is he who is the best provider of online casino games. It offers a unique card counting technique. Thanks to her, you can calculate the opponent's move in advance.

Licensed software is official. Unlicensed software - open source, hobbyist, or hacked.

The license agreement sets out all the rights of the purchaser to the purchased software, and all obligations of the manufacturer and the purchaser towards each other. Typically, the license agreement of a commercial program prohibits the purchaser from making and distributing copies of it, using parts of the program on several different computers, etc.

The license agreement must be transferred to the buyer along with the purchased program. The agreement can be:

Printed on paper (often the manufacturer puts it in the software box);

Printed on the wrapper of the CD containing the program or on the box with the program;

Presented to the user in electronic form during the installation of the program.

In all cases, the use of the program implies your agreement to comply with all provisions of the license agreement. If you do not agree with them, you must return the purchased software to the seller (if the license agreement permits such return).

When buying a licensed copy of a software product, the consumer actually acquires the right (permission) to use it. The copyright for the program itself remains with the author (copyright holder); only the material media on which it is distributed, such as discs, becomes the property of the buyer.

Why do I need licensed software?

First, the use of unlicensed software violates the rights of the manufacturer of this software, and can be punished in the Republic of Belarus by measures of administrative and criminal liability.

Second, the licensed program works better. And not only because pirates could steal an incomplete distribution kit, or inaccurately hack a program. If you bought a licensed antivirus, then you will certainly begin to regularly update the antivirus databases, otherwise it makes no sense to own an antivirus, and your investment in software would be wasted.

2. Unlicensed software

Unlicensed software - bought on the market from pirates, or just downloaded.

Software piracy - this is a violation of copyright for software, that is, theft of a software product by illegal copying of genuine programs. It is also illegal to distribute and use them, including installing more copies of legally purchased software than provided for by the terms of the license. In addition, manufacturers and sellers of unlicensed software products in most cases violate the rights of manufacturers of software products to trademarks and patents.

When buying a licensed copy of a software product, the buyer actually acquires the rights to use it (non-exclusive property rights). Exclusive property rights remain with the author (rightholder), and only tangible media - discs and documentation - pass into the ownership of the buyer.

In the post-industrial world, the most demanded assets are information and products of intellectual work. Understanding this seriously affects the cost of so many things, and above all - software. As a result, providing a small publishing house with legal software can cost a little less than building an industrial enterprise. Therefore, it is not surprising that so many entrepreneurs are thinking about how they can reduce their software costs. As a result, in most cases a "pirated" version of software is purchased, the cost of which can be hundreds (or even thousands) times less than its legal counterpart. Citizens think about the consequences of such a choice last and are very surprised to see people in uniform on the threshold of their office.

Computer programs (software, hereinafter referred to as "software") are subject to copyright and as such are protected by applicable law. Their use is possible only by agreement with the copyright holder. Such agreements are called licensing agreements. There are currently three ways to join the license agreement:

When you buy a computer (laptop), it may have preinstalled software. These are the so-called OEM versions. As a rule, in this way, programs are distributed that ensure the functioning of a computer (operating systems), as well as the minimum necessary for its use (text and graphic editors, programs for viewing videos and images). The set of programs depends on whether the computer manufacturer has agreements with copyright holders, as well as the positioning of the computer model on the market. Confirmation of the conclusion of the license agreement in this case are special stickers on the computer case and documentation on the computer itself, indicating which programs were installed on it.

Purchase of software on information media in a store. The so-called "boxed versions". Such programs can be accompanied by a corresponding sticker, it can be attached to the box itself, in which case it must also be saved. In addition, in this case, checks, accompanying documentation attached to the information carrier serve as evidence of the conclusion of a license agreement.

The third acquisition method is "volume licensing". In this case, the organization contacts the official representative of the copyright holder and concludes a license agreement with him. This agreement defines the name and number of programs, the number of workstations (computers) on which they can be used. Typically, in this case, certificate stickers are also issued. In addition, the signed text of the license agreement, as well as documents confirming the payment, serve as confirmation.

Identification of counterfeit products. Verification of copyright compliance, as a rule, is carried out by employees of the Department for Combating Economic Crimes (hereinafter - OBEP) or the "K" department dealing with high-tech crimes. Such violations are revealed in the course of operational - search measures or investigation of criminal cases. Operational - search activities are carried out when the competent authorities have reasonable suspicions of using such programs. Unfortunately, in practice, this means that there may not be any objective grounds for conducting an audit at all. The apparent basis for "internal use" in such cases is some kind of operational information obtained from intelligence sources. Law enforcement agencies pay special attention to specialized organizations whose work is related to the use of specialized software. These are, first of all, companies engaged in the field of design, architecture, media, as well as simply large organizations (after all, specialized software is expensive for them). In a number of cases, the grounds for holding such events are statements by copyright holders who, through one channel or another, received information about counterfeit copies of their programs. Your competitors can also act as "applicants". In the conditions of Russian reality, it is difficult to surprise anyone with the use of state bodies as an instrument of competition. At the same time, it is necessary to understand that when implementing the "order", the employees of the Ministry of Internal Affairs may not set themselves the task of "initiating a criminal case." Since the goal here is to persuade them to cooperate or cause maximum problems, they go to the elementary time-wasting. The seized computers are being investigated for a long time as part of an administrative investigation. There were cases of return after a year, as well as cases when information bases on a computer turned out to be irretrievably damaged. As a result, the company loses time and money restoring accounting or other "vital" information. If the check is carried out before the initiation of a criminal case, the documents for its conduct must be signed by the head of the department or his deputy (in Moscow, by the deputy or head of the district police department, if the check is carried out by district departments, or by the deputy / head of the Municipal Department of Internal Affairs, if the check is carried out by city departments) ... In the resolution, the full name must be indicated. O. employees participating in the audit, the name and address at which the operational activities are carried out. If a criminal case has already been initiated, then a search is carried out in the premises. In both cases, attesting witnesses participate in the events. A direct consequence of such a check is the seizure of computer equipment. Computers are usually seized "for examination". It is worth remembering that there have been cases when entrepreneurs received back incomplete computers, so it is necessary to try to ensure that the protocol contains as many details as possible about the confiscated car: a description of its appearance, model serial numbers. Bearing in mind what the examination will check, it makes sense to insist on entering into the protocol a list of programs installed on computers. In the overwhelming majority of cases, the results of the audit will not be in favor of the company, and it will most likely be held accountable. Users of illegal software bear administrative, criminal and civil liability.

3. Responsibility for the use of unlicensed software

Administrative liability for copyright infringement occurs in accordance with Art. 7.12 of the Administrative Code of the Russian Federation "Infringement of copyright and related rights, inventive and patent rights". In accordance with this article, the import, sale, rental or other illegal use of counterfeit copies of works or phonograms for the purpose of generating income (or if false information is indicated on copies of works or phonograms) shall entail the imposition of an administrative fine:

for citizens the fine is from 1,500 to 2,000 rubles;

for officials - from 10,000 to 20,000 rubles;

for legal entities - from 30,000 to 40,000 rubles.

At the same time, materials and equipment used to reproduce them, and other instruments of committing an administrative offense, actions raise certain doubts are also subject to confiscation. If we consider in aggregate part 3 of article 3.7 of the Code of Administrative Offenses of the Russian Federation 5 and paragraph 4 of Art. 1252 of the Civil Code of the Russian Federation 6, then we can draw a conclusion that was made by the Federal Customs Service of the Russian Federation: "Regardless of the outcome of the consideration of an administrative offense case by the court, counterfeit goods are subject to seizure and destruction, which is not an administrative penalty." It should be noted that it is rather difficult to verify this point of view, since the share of refusals of courts to bring to administrative responsibility is very small.

In accordance with paragraph 2 of Art. 146 of the Criminal Code of the Russian Federation 8 "illegal use of objects of copyright or related rights, as well as the acquisition, storage, transportation of counterfeit copies of works or phonograms for sale, committed on a large scale, are punished":

A fine of up to 200,000 rubles, or in the amount of wages or other income,

Compulsory work for a period of 180 to 240 hours,

Imprisonment for up to 2 years.

If these acts are committed on an especially large scale (250,000 rubles), by a group or by using an official position, then the sanctions can go up to imprisonment for a period of 6 years, and even with fines.

The dividing barrier between administrative and criminal liability is the amount of damage equal to 50,000 rubles. If, according to the assessment, the cost of counterfeit software is less than or equal to this amount - administrative liability, if more - criminal liability.

The person, by whose will the unlicensed software was used in the activities of the enterprise, is subject to criminal and administrative liability. As a rule, the persons involved in this category of cases are either the head of the organization, or a technical specialist (programmer, system administrator), who is responsible for providing the organization with software and maintaining the fleet of computer equipment in working order.

It should be clearly understood that not all use can lead to liability.

Regardless of the onset of administrative or criminal liability, a person who has violated copyright may be brought to civil liability. This type of responsibility can be divided into two large blocks.

The first is the material liability (compensation for damages, compensation) of the offender to the copyright holder. In accordance with Art. 1252 of the Civil Code of the Russian Federation, the copyright holder has the right to file a claim for damages against the person who illegally used the result of intellectual activity. In the case of counterfeit software, the copyright holder has the right, instead of compensation for losses, to demand compensation from the violator. Compensation is subject to recovery upon proof of the fact of an offense.

In accordance with Art. 1301 of the Civil Code of the Russian Federation, the amount of compensation can range from 10,000 rubles to 5,000,000 rubles. Alternatively, the copyright holder may demand payment of twice the value of the right to use the software based on market prices. The amount of compensation is determined by the court depending on the nature of the violation and other circumstances of the case, taking into account the requirements of reasonableness and fairness.

How to avoid the threat? The best way is definitely not to infringe on copyright. But, as the author of these lines has repeatedly heard, "doing business in Russia is in itself a criminal offense," therefore our entrepreneurs are more interested not in how to comply with the law, but in how not to get caught for violating it.

What advice do you have for those who want to avoid close communication with law enforcement agencies about compliance with copyright laws?

Here is the minimum program:

If your financial situation allows, install a licensed operating system, accounting and office programs. Replace the counterfeit software with its free distribution counterparts.

In most cases, this is sufficient for normal operation. The accounting server should only have licensed software. Moreover, it should be visible to the naked eye. Keep as much information as possible on portable media.

Carry out regular copying of working files so that the removal of computer equipment does not paralyze the work of the company as a whole.

Civil liability for the use of unlicensed software.

The application of the measures of responsibility provided for by the Civil Code of the Russian Federation is possible only at the request of the organization or the person (the owner of the software), whose rights have been violated. Such liability does not arise automatically and can only be imposed by a court decision.

At the same time, it should be noted that the absence of guilt of the violator of the rights of the owner of the software does not relieve him of the obligation to stop the violation and does not exclude the application of measures aimed at protecting the rights of the owner (clause 2 of article 1250 of the Civil Code of the Russian Federation).

The methods of judicial protection of the owner's rights and the measures of responsibility that may be imposed on the violator of such rights are provided for in Art. 1252 of the Civil Code of the Russian Federation.

In particular, in order to protect the exclusive right to software, the owner has the right to apply to the court with the requirement:

1) on the recognition of the right - to a person who denies or otherwise does not recognize the right, thereby violating the interests of the owner;

2) on the suppression of actions that violate the right or create a threat of its violation - to the person who commits such actions or makes the necessary preparations for them;

3) on compensation for damages - to a person who unlawfully used the software without concluding a license agreement or otherwise violated his exclusive right and caused him damage;

4) on the seizure of the material carrier of the software, - to its manufacturer, importer, custodian, carrier, seller, other distributor, unscrupulous acquirer;

5) on the publication of a court decision on the committed violation with an indication of the actual rightholder - to the infringer of the exclusive right.

As an interim measure on the property of the offender (material media of software, equipment, materials), which was allegedly used for the purposes of violating the rights of the owner, the court may impose an arrest, as well as apply other interim measures.

In addition, the manufactured and distributed tangible software media, as well as tangible media, the use, import, transportation or storage of which is carried out in violation of the exclusive right of the owner of the software, are considered counterfeit and, by a court decision, are subject to withdrawal from circulation and destruction without any there was compensation (paragraph 4 of Art. 1252 of the Civil Code of the Russian Federation). Equipment and materials used or intended for the purpose of violating the exclusive right to software are also subject to withdrawal from circulation and destruction at the expense of the violator by a court decision, or are subject to treatment in the income of the Russian Federation.

Separately, the right of the owner of the software should be highlighted to demand, at his choice, from the violator, compensation for losses or payment of compensation in case of violation of his legal rights.

Moreover, compensation is subject to recovery from the violator only if the fact of the violation is proven and regardless of the presence or absence of losses from such a violation, and the owner does not fulfill the obligation to prove the amount of losses caused to him.

The presence or absence of stickers on the distribution boxes also does not mean anything. Anything can be faked. By the way, sometimes when selling electronic licenses, we are asked to write them to disk or print them out so that we can "hand over to the warehouse". In this case, the disc is not "branded", and the paper with the keys is not supplied by the software manufacturer.

Conclusion

The whole range of software is simply inexhaustible. Every half hour, more and more new programs appear in the world. Some of them will remain unknown, some will receive worldwide recognition. The creation of software for personal computers has evolved over the course of a decade from being a lone programmer to an important and powerful industry.

Therefore, the development of software intended for a wide range of users is no longer taking place in a competition between individual programmers, but in the process of a fierce competition between manufacturing firms. In addition, the creation of new programs entails the development of new components that can fully cover all the requirements of the program necessary for its normal functioning.

Numerous types of licensing agreements provide the copyright holder with a wide range of tools for effectively enforcing and protecting their rights to software. End users purchasing software should be aware of the legal risks of using unlicensed software products. licensed copyright holder agreement

Software is a set of programs that provide the execution of tasks solved on a computer. All software is supplied on floppy disks, laser disks (CD, DVD) or via the international Internet. Sometimes a software product can cost much more than the computer itself!

In the conditions of "poor" Russia, our PC users do not buy expensive licensed products, but are forced, in fact, to violate the Criminal Code by purchasing cheap pirated copies of programs (70-150 rubles). In Russia, the author's control of firms applies only to commercial enterprises: factories, factories, firms, educational institutions. However, educational institutions are provided with a discount when purchasing licensed software - up to 70%.

List of used literature

1. Kolesnichenko D.N. Self-study guide Linux. - St. Petersburg: Science and technology, 2012 .-- 460 p.

2. Leontiev V.P. Personal Computer. Universal user guide. - M .: OLMA-PRESS, 2012 .-- 365 p.

3. Figurnov V.E. IBM PC for the user, ed. 5th. - St. Petersburg: JSC "Koruna", 2014. - 352 p.

4. Unlicensed software and risks for cybersecurity // Pavel Soper, John F. Grantz. Access mode: http://globalstudy.bsa.org/2013/Malware/study_malware_ru.pdf, checked 1.01.2015.

5. Unlicensed software: risks and responsibility // Rossol Sergey. Access mode: http://delo-press.ru/articles.php?n=5013, checked 1.02.2015.