Examination is such an examination - how do "examinations" in counterfeit cases
Hello, world!
Of course, we all know that using counterfeit is illegal. What does not prevent most of us anyway to listen to non-licensed music or put a grunt toy. And I don’t want to talk now about either this ethical or legal side.
But if you still got caught. They came to a friend's office, and there, just that day, a check arrived. And your beech was removed, and after a few days / weeks, you were charged.
')
In order to bring the case to court, as well as to understand the extent of the damage (and the possible punishment depends on this amount), expertise is needed.
And then the magic begins!
I recently stumbled upon a curious examination of the case of counterfeit goods. And I bring to your attention excerpts from this excellent document. By which, by the way, a person can face up to 6 real years!
Go!
High-resolution examination photos are now published in this place .
Links in the text of the quotations lead to heavy photos, click carefully.
[start of quote]
This will not seem strange to many, however, in all the documents that prescribe, the examination as an expert includes some Plet'en O.I. However, the actual examination was carried out by a completely different person - B *****. This is a gross violation of the law, which does not allow us to even challenge the expert. With the skill of hands without any fraud, the expert selects the “right” person. But these are just flowers.
The expert was asked a very interesting question: “Were computers used in the organization’s activities?” To which the expert answers, yes, they were used because text files were found on the computers containing the name of the organization in some form . Imagine that there is a file with the name YUKOS, a reason to say that your computer was used in the activities of YUKOS? And in general, it is curious, is it really possible to determine on which computer it was created and with the help of which program from a text file? Look, whose files are on your computers, and imagine that your computer was used in the activities of these people for such an examination! My, for example, in this situation, was used by the UN!
The next item of our expertise is the most cherished, intimate "back numbers". Pay attention to the date of completion of the examination - January 27, and now on the materials of the same examination - it’s really in the files that were picked further on February 5 ! Of course, because there are procedural deadlines, you must somehow fit in with them!
And now the sweetest. We thought for a long time, but how is the licensing of a program determined? How does the expert tell you that there is a "cracked" or "hacked" program on the computer? Probably they have a connection with the Microsoft key database or a special program that checks the authenticity of program activation. Damn it with two! They are stupid "googled" program keys! No comments needed.
That is why the results of the examination have nothing to do with the real state of affairs. They explicitly recognize licensed, pre-installed programs as counterfeit, and vice versa, for example, the expert’s conclusions about the seized laptop .
The remaining conclusions of experts are taken from the head, or adjusted to give credibility. Examination is replete with inscriptions of the “analysis of the registry revealed,” apparently there are people who, by the appearance of the key, determine whether it was activated in the prescribed manner or not! The following file shows that Corel’s unlicensed nature is not justified at all: they claim that the Sable.exe program was used to crack it, which actually hacks “1C”! (of which the organization has never been - all accounting was conducted on paper. It is not known at all how this program turned out to be there).
These are the sad conclusions of comrades ... We need to understand that tomorrow your examination will be carried out a little more honest, and the court will pass the sentence without thinking ... And this is not a little 2 years for 50,000 rubles of damage and 6 years for 250,000 or the head of the organization (part 2 and 3 Article 146).
And all this despite the fact that in fact the server on the computer was a test one, which can be downloaded for free from the Microsoft website for 180 days; Vista on the laptop was preinstalled, that is, completely clean with a sticker on the bottom of the laptop; Sable.exe is not at all clear where it came from, like corel itself, the investigator needed all this in order for the amount of damage to exceed a large size, and it was possible to “solder” the article more!
Maybe you do not agree, or vice versa, saw more than we? Write please. If such an examination, by the way, conducted by a very strange public organization, goes through our personal computers, there will be little joy.
Text and photo found here .
[quote end]
And now a few explanations and a question.
Obviously, the "thief must" sit. It is not very obvious to me why it should sit for the use of counterfeit, and not work and pay fines, but such is the law.
But absolutely, it is obvious that the people who make such examinations, like the courts that issue acquittals on them, are in essence the same “thieves”. They also violate the law and even more than the user / loser who downloaded the cracked office.
Do not be surprised if such espertiz will be in the case of torrents. ru or in the case against the defenders of Baikal.
As far as I know, the interests of Microsoft in Russia are protected by various right holders who also participate in such cases (sometimes as initiators) and attract experts. Why do they need it? Does MS, Adobe know about the features of such cases in Russia?
And what if such experts suddenly come to you?
UPD. "All Power Examination"
After the comments, I still had such an idea.
We have the same “all power to experts”: both in cases of counterfeit and in cases of inciting hostility to different “social groups” such as “wrong cops” and “state”.
In the affairs of the bloggers also featured epic examinations, which, despite all the delusions, were quietly accepted by the court.
And with the experts, as with the judges, you will not do anything. Sort of…
UPD 2
Habr read everything! ))
The guys who suffered from this expertise came in contact with me. Ask to ask a couple of things:
1. About the test version of MS Server.
It seems like you can download it legally from the site ...
And therefore - this is not a counterfeit, right?
Question: when installing, he himself substitutes a trial key. Can this key then be found in the network?
And a question from me: can the trial version through another key be turned into an interprize?
2. They are very interested to learn more about the “Union of Criminalists” (I, too, are already curious!) Maybe someone has worked with or encountered them?
UPD 3
I apologize for the "private" pictures.
I was not on-line, and the authors of the photos unsubscribed to the post, but not in the topic (
So, now the photos are posted here .
In addition, they are now in high resolution, so there will be only links.
Now I will update the links in the topic.
Of course, we all know that using counterfeit is illegal. What does not prevent most of us anyway to listen to non-licensed music or put a grunt toy. And I don’t want to talk now about either this ethical or legal side.
But if you still got caught. They came to a friend's office, and there, just that day, a check arrived. And your beech was removed, and after a few days / weeks, you were charged.
')
In order to bring the case to court, as well as to understand the extent of the damage (and the possible punishment depends on this amount), expertise is needed.
And then the magic begins!
I recently stumbled upon a curious examination of the case of counterfeit goods. And I bring to your attention excerpts from this excellent document. By which, by the way, a person can face up to 6 real years!
Go!
High-resolution examination photos are now published in this place .
Links in the text of the quotations lead to heavy photos, click carefully.
[start of quote]
This will not seem strange to many, however, in all the documents that prescribe, the examination as an expert includes some Plet'en O.I. However, the actual examination was carried out by a completely different person - B *****. This is a gross violation of the law, which does not allow us to even challenge the expert. With the skill of hands without any fraud, the expert selects the “right” person. But these are just flowers.
The expert was asked a very interesting question: “Were computers used in the organization’s activities?” To which the expert answers, yes, they were used because text files were found on the computers containing the name of the organization in some form . Imagine that there is a file with the name YUKOS, a reason to say that your computer was used in the activities of YUKOS? And in general, it is curious, is it really possible to determine on which computer it was created and with the help of which program from a text file? Look, whose files are on your computers, and imagine that your computer was used in the activities of these people for such an examination! My, for example, in this situation, was used by the UN!
The next item of our expertise is the most cherished, intimate "back numbers". Pay attention to the date of completion of the examination - January 27, and now on the materials of the same examination - it’s really in the files that were picked further on February 5 ! Of course, because there are procedural deadlines, you must somehow fit in with them!
And now the sweetest. We thought for a long time, but how is the licensing of a program determined? How does the expert tell you that there is a "cracked" or "hacked" program on the computer? Probably they have a connection with the Microsoft key database or a special program that checks the authenticity of program activation. Damn it with two! They are stupid "googled" program keys! No comments needed.
That is why the results of the examination have nothing to do with the real state of affairs. They explicitly recognize licensed, pre-installed programs as counterfeit, and vice versa, for example, the expert’s conclusions about the seized laptop .
The remaining conclusions of experts are taken from the head, or adjusted to give credibility. Examination is replete with inscriptions of the “analysis of the registry revealed,” apparently there are people who, by the appearance of the key, determine whether it was activated in the prescribed manner or not! The following file shows that Corel’s unlicensed nature is not justified at all: they claim that the Sable.exe program was used to crack it, which actually hacks “1C”! (of which the organization has never been - all accounting was conducted on paper. It is not known at all how this program turned out to be there).
These are the sad conclusions of comrades ... We need to understand that tomorrow your examination will be carried out a little more honest, and the court will pass the sentence without thinking ... And this is not a little 2 years for 50,000 rubles of damage and 6 years for 250,000 or the head of the organization (part 2 and 3 Article 146).
And all this despite the fact that in fact the server on the computer was a test one, which can be downloaded for free from the Microsoft website for 180 days; Vista on the laptop was preinstalled, that is, completely clean with a sticker on the bottom of the laptop; Sable.exe is not at all clear where it came from, like corel itself, the investigator needed all this in order for the amount of damage to exceed a large size, and it was possible to “solder” the article more!
Maybe you do not agree, or vice versa, saw more than we? Write please. If such an examination, by the way, conducted by a very strange public organization, goes through our personal computers, there will be little joy.
Text and photo found here .
[quote end]
And now a few explanations and a question.
Obviously, the "thief must" sit. It is not very obvious to me why it should sit for the use of counterfeit, and not work and pay fines, but such is the law.
But absolutely, it is obvious that the people who make such examinations, like the courts that issue acquittals on them, are in essence the same “thieves”. They also violate the law and even more than the user / loser who downloaded the cracked office.
Do not be surprised if such espertiz will be in the case of torrents. ru or in the case against the defenders of Baikal.
As far as I know, the interests of Microsoft in Russia are protected by various right holders who also participate in such cases (sometimes as initiators) and attract experts. Why do they need it? Does MS, Adobe know about the features of such cases in Russia?
And what if such experts suddenly come to you?
UPD. "All Power Examination"
After the comments, I still had such an idea.
We have the same “all power to experts”: both in cases of counterfeit and in cases of inciting hostility to different “social groups” such as “wrong cops” and “state”.
In the affairs of the bloggers also featured epic examinations, which, despite all the delusions, were quietly accepted by the court.
And with the experts, as with the judges, you will not do anything. Sort of…
UPD 2
Habr read everything! ))
The guys who suffered from this expertise came in contact with me. Ask to ask a couple of things:
1. About the test version of MS Server.
It seems like you can download it legally from the site ...
And therefore - this is not a counterfeit, right?
Question: when installing, he himself substitutes a trial key. Can this key then be found in the network?
And a question from me: can the trial version through another key be turned into an interprize?
2. They are very interested to learn more about the “Union of Criminalists” (I, too, are already curious!) Maybe someone has worked with or encountered them?
UPD 3
I apologize for the "private" pictures.
I was not on-line, and the authors of the photos unsubscribed to the post, but not in the topic (
So, now the photos are posted here .
In addition, they are now in high resolution, so there will be only links.
Now I will update the links in the topic.
Source: https://habr.com/ru/post/284484/
All Articles