What to do if you are at risk of 38 billion (or less) for copyright infringement
38 billion rubles! This amount would be enough to close the external debt - well, for example, Albania. It turned out - this is damage caused to well-known domestic and foreign companies.
The amount is fantastic, especially for a married couple with a last name other than “Abramovich”. I want to note that if everything goes further under the strict letter of the law, with a literal interpretation and the absence of questions from the court to the charge, the amount may increase.
There are 4 parts of the Civil Code of the Russian Federation Article 1301 "Responsibility for violation of the exclusive right to work":
In cases of infringement of the exclusive right to work, the author or another right holder, along with using other applicable methods of protection and measures of responsibility established by this Code (Articles 1250, 1252 and 1253), has the right, in accordance with paragraph 3 of Article 1252 of this Code, to demand that the violator choose instead of reimbursement of damages compensation:
in the amount of from ten thousand rubles to five million rubles, determined at the discretion of the court;
in double the value of copies of the work or in double the value of the right to use the work, determined on the basis of the price, which under comparable circumstances is usually charged for the lawful use of the work.
Guided by this (paragraph 3) article, the amount of 38 billion turns into 76 billion
Of course, this requires the desire of the right holder, but I guess who will stand behind the faceless "well-known domestic and foreign companies."
By education and work I am a lawyer, it so happened that I read Habr regularly, I like the technique more difficult than a calculator, and I installed the first Linux at 14 years old.
By the will of the profession, I often encounter people who simply_reinstall_wind_and_aktiv_offis receive 1.5 years + 900,000 rubles each. compensation payable to the copyright holder.
I will try to give some simple tips on what to do if people with crusts came to you or you provided “computer assistance" to the employees of the Ministry of Internal Affairs.
')
We will consider the second case in detail, although the rules for all are alone - in the second case, it is you who will receive criminal responsibility.
So, you have installed Windows and the office with Photoshop and Korela, they show you a crust and say to put everything in your bag, pockets, names of witnesses and so on ... Actually, be prepared that all instals that you have and will be “damaged”, to determine the amount of “damage” you have inflicted on specific corporations will be taken very specific numbers. These figures are carefully determined by the Non-Profit Partnership of Suppliers of Software Products , I must say that their pricing seems more mysterious to me than the Bermuda triangle.
For example, according to NPPP, windows 95 ENG costs $ 212, windows 98SE- $ 247.5, exel 97- $ 402. As can be seen the arguments that it is impossible to buy just Excel in the territory of the Russian Federation outside the office package, and win95-98 is not sold for 1000 years, are not true for the NPPT. In this price catalog, there is still a lot of interesting things: SQL Server 2000 will cost you $ 13,000, word 2007 at 212 is also not rubles.
The prices are determined, the investigator will act from them (the court too), because other sources will not be able to provide information on how much Win 95 costs in 2011, even Mykosoft himself.
Advice - do not spare money for lawyers / representatives, the state advocate is such a person ... how to say, he must protect you, defend his innocence for a little more than 200 rubles. for sunday. His interest is zero, so he will be sluggish to object. Often they are old acquaintances with the investigator.
Look for an intelligent representative who will challenge the expertise, because it will simply multiply the number of disks / flash drives by the amount from the catalog of scientific and research laboratories and disagree that office 2003 for students and 2010 professional cost the same.
Examination is the most important part of the accusation, in most cases law enforcement agencies try to solder a large amount, because the greater the amount, the more serious your crime.
I rarely saw the results of examinations in which the reflections of the categories would appear: “the way network AutoCAD is different from local”. To challenge the examination, pointing out incompetence, the lack of a comprehensive study - this is the main task at this (and many subsequent) stage.
Suppose - you challenged the examination, the amounts came out different - yes less, but not really. The injured party (the Corporation of which has been damaged) has the right to initiate a civil lawsuit in a criminal process, but in my practice a lawsuit is filed with a court of civil jurisdiction after the verdict in a criminal case is submitted and it enters into legal force.
By filing such a claim, the Corporation is counting on compensation for the harm caused to it - here, in fact, Article 1301 of the Civil Code of the Russian Federation comes into effect.
Having determined the amount of damage specified in the criminal case, the plaintiff has two options:
1. Indicate any number from ten thousand rubles to five million rubles. In this case, the court relates the reasonableness and fairness of such a figure. A claim for compensation of 5,000,000 rubles. for a couple of illegal copies of WinNT 4.0. no court will satisfy. However, even here the amount may be quite impressive. If you do not have real circumstances and arguments that put you in court a low-paying subject with a mortgage, children and a salary of 10,000, it would be better for them to appear.
2. The second case is: “at twice the amount of the cost of copies of the work or twice the value of the right to use the work, determined on the basis of the price, which under comparable circumstances is usually charged for the lawful use of the work”. Very controversial point, the decisions of the courts on it can be diametrically opposed. The court can go the easy way - take the amount from the Verdict, multiply by two and make a decision. In this case, the court has no right to interpret the claim amount in any way. This is where the right expertise can come in handy - it will somehow reduce the amount charged. It is very stupid in 2011 to pay out of your own pocket $ 2 * 177 for j3qq4-h7h2v-, etc. You also have a vague definition of “under comparable circumstances, usually charged for the legitimate use of the work”. Most courts will take the position that comparable circumstances are both a place and a time. For example, office 2003 is now significantly cheaper than office 2010, they sell it far from everywhere, but if you search ... I found it for 1,800 rubles.
However, there is another method - the settlement agreement / refusal of the claim. Corporations quite often go for it. For any organization it is more profitable to get now than to pinch off 20% of your salary for 15 years. Collect documents that can show that the amount is significant for you, suggest a global representative of the Corporation, with sufficient motivation, the amount of claims can be significantly reduced.
Another point, I repeat, do not neglect the sensible representatives! There are few lawyers in the world who know what makes Windows Home Premium different from Starter, however, if you try to explain what the court is wrong, most likely you are doomed to failure.
Few people believe the words - here we need expertise, conclusions, letters from manufacturers. All this needs to be requested, motivated to request. To take into account these circumstances you need to apply! It is easier for a court to go along a completely beaten track than to make a decision that is at odds with judicial practice.
And last but not least, be at meetings, study incoming papers, read the Criminal Procedure Code of the Russian Federation and the Civil Procedure Code of the Russian Federation. Otherwise, one day the bailiff can come to you and begin to describe the computer, the blinds, the desk and the cat.
The amount is fantastic, especially for a married couple with a last name other than “Abramovich”. I want to note that if everything goes further under the strict letter of the law, with a literal interpretation and the absence of questions from the court to the charge, the amount may increase.
There are 4 parts of the Civil Code of the Russian Federation Article 1301 "Responsibility for violation of the exclusive right to work":
In cases of infringement of the exclusive right to work, the author or another right holder, along with using other applicable methods of protection and measures of responsibility established by this Code (Articles 1250, 1252 and 1253), has the right, in accordance with paragraph 3 of Article 1252 of this Code, to demand that the violator choose instead of reimbursement of damages compensation:
in the amount of from ten thousand rubles to five million rubles, determined at the discretion of the court;
in double the value of copies of the work or in double the value of the right to use the work, determined on the basis of the price, which under comparable circumstances is usually charged for the lawful use of the work.
Guided by this (paragraph 3) article, the amount of 38 billion turns into 76 billion
Of course, this requires the desire of the right holder, but I guess who will stand behind the faceless "well-known domestic and foreign companies."
By education and work I am a lawyer, it so happened that I read Habr regularly, I like the technique more difficult than a calculator, and I installed the first Linux at 14 years old.
By the will of the profession, I often encounter people who simply_reinstall_wind_and_aktiv_offis receive 1.5 years + 900,000 rubles each. compensation payable to the copyright holder.
I will try to give some simple tips on what to do if people with crusts came to you or you provided “computer assistance" to the employees of the Ministry of Internal Affairs.
')
We will consider the second case in detail, although the rules for all are alone - in the second case, it is you who will receive criminal responsibility.
So, you have installed Windows and the office with Photoshop and Korela, they show you a crust and say to put everything in your bag, pockets, names of witnesses and so on ... Actually, be prepared that all instals that you have and will be “damaged”, to determine the amount of “damage” you have inflicted on specific corporations will be taken very specific numbers. These figures are carefully determined by the Non-Profit Partnership of Suppliers of Software Products , I must say that their pricing seems more mysterious to me than the Bermuda triangle.
For example, according to NPPP, windows 95 ENG costs $ 212, windows 98SE- $ 247.5, exel 97- $ 402. As can be seen the arguments that it is impossible to buy just Excel in the territory of the Russian Federation outside the office package, and win95-98 is not sold for 1000 years, are not true for the NPPT. In this price catalog, there is still a lot of interesting things: SQL Server 2000 will cost you $ 13,000, word 2007 at 212 is also not rubles.
The prices are determined, the investigator will act from them (the court too), because other sources will not be able to provide information on how much Win 95 costs in 2011, even Mykosoft himself.
Advice - do not spare money for lawyers / representatives, the state advocate is such a person ... how to say, he must protect you, defend his innocence for a little more than 200 rubles. for sunday. His interest is zero, so he will be sluggish to object. Often they are old acquaintances with the investigator.
Look for an intelligent representative who will challenge the expertise, because it will simply multiply the number of disks / flash drives by the amount from the catalog of scientific and research laboratories and disagree that office 2003 for students and 2010 professional cost the same.
Examination is the most important part of the accusation, in most cases law enforcement agencies try to solder a large amount, because the greater the amount, the more serious your crime.
I rarely saw the results of examinations in which the reflections of the categories would appear: “the way network AutoCAD is different from local”. To challenge the examination, pointing out incompetence, the lack of a comprehensive study - this is the main task at this (and many subsequent) stage.
Suppose - you challenged the examination, the amounts came out different - yes less, but not really. The injured party (the Corporation of which has been damaged) has the right to initiate a civil lawsuit in a criminal process, but in my practice a lawsuit is filed with a court of civil jurisdiction after the verdict in a criminal case is submitted and it enters into legal force.
By filing such a claim, the Corporation is counting on compensation for the harm caused to it - here, in fact, Article 1301 of the Civil Code of the Russian Federation comes into effect.
Having determined the amount of damage specified in the criminal case, the plaintiff has two options:
1. Indicate any number from ten thousand rubles to five million rubles. In this case, the court relates the reasonableness and fairness of such a figure. A claim for compensation of 5,000,000 rubles. for a couple of illegal copies of WinNT 4.0. no court will satisfy. However, even here the amount may be quite impressive. If you do not have real circumstances and arguments that put you in court a low-paying subject with a mortgage, children and a salary of 10,000, it would be better for them to appear.
2. The second case is: “at twice the amount of the cost of copies of the work or twice the value of the right to use the work, determined on the basis of the price, which under comparable circumstances is usually charged for the lawful use of the work”. Very controversial point, the decisions of the courts on it can be diametrically opposed. The court can go the easy way - take the amount from the Verdict, multiply by two and make a decision. In this case, the court has no right to interpret the claim amount in any way. This is where the right expertise can come in handy - it will somehow reduce the amount charged. It is very stupid in 2011 to pay out of your own pocket $ 2 * 177 for j3qq4-h7h2v-, etc. You also have a vague definition of “under comparable circumstances, usually charged for the legitimate use of the work”. Most courts will take the position that comparable circumstances are both a place and a time. For example, office 2003 is now significantly cheaper than office 2010, they sell it far from everywhere, but if you search ... I found it for 1,800 rubles.
However, there is another method - the settlement agreement / refusal of the claim. Corporations quite often go for it. For any organization it is more profitable to get now than to pinch off 20% of your salary for 15 years. Collect documents that can show that the amount is significant for you, suggest a global representative of the Corporation, with sufficient motivation, the amount of claims can be significantly reduced.
Another point, I repeat, do not neglect the sensible representatives! There are few lawyers in the world who know what makes Windows Home Premium different from Starter, however, if you try to explain what the court is wrong, most likely you are doomed to failure.
Few people believe the words - here we need expertise, conclusions, letters from manufacturers. All this needs to be requested, motivated to request. To take into account these circumstances you need to apply! It is easier for a court to go along a completely beaten track than to make a decision that is at odds with judicial practice.
And last but not least, be at meetings, study incoming papers, read the Criminal Procedure Code of the Russian Federation and the Civil Procedure Code of the Russian Federation. Otherwise, one day the bailiff can come to you and begin to describe the computer, the blinds, the desk and the cat.
Source: https://habr.com/ru/post/131175/
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