In Russia were more likely to be convicted for using unlicensed software. The Ombudsman for intellectual property rights Anatoly Semenov believes that criminal punishment for the installation and use of counterfeit software is too strict a measure and it needs to be noted. This initiative, he prepared for the report of the Ombudsman for entrepreneurs Boris Titov, who at the end of April will be sent to the President of Russia.
Article 146 of the criminal code (“Violation of copyright and related rights”) is often used by lawyers in order to obtain financial gain, says Semenov. According to him, in the regions there are cases when the two computers have unlicensed software. Former employees or supposedly official representatives of rights holders, in fact, not having any relation to them, inform law enforcement. In the end, those checks and withdraw equipment. Examination confirms the presence of pirated software, the case is sent to court and won, said Semyonov.
While in the dock is the CEO of the company or the person performing his duties. According to the Ombudsman, if article 146 of the criminal code to apply correctly, the investigation must establish who installed pirated software, and to indict him.
In this connection Semenov proposes to add the clarification in article 146 of the criminal code. He explained that you can not be sentenced to criminal liability for an act that show no signs of public danger. To article 146 of this characteristic is the sales objective. If not, then there is no crime and thus no responsibility. In addition, responsibility can not be and in the case that the person placing pirated software on the computer is unknown.
A Microsoft spokesperson Christina Davydova sure that using counterfeit software is a problem the security of our information space.
“In Russia, copyright protection Microsoft charged by the authorized legal representatives acting by proxy — said Kristina Davydova. — We have no information about the cases in which Microsoft acted by unknown people”.
According to some, under article 146 of the criminal code in 2013 in Russia were convicted of 232 people, in 2014 — 237, and in 2015 — already 269 people.