Charging the system administrator under Art. 146 of the Criminal Code (unlicensed software in the company). Issue one
Without hesitation, I threw this topic into “Learn to work”, since the correct work of IT specialists with software became a matter of survival. I do not know how things are in the regions, but in Moscow, just a wave of cases on charges of system administrators under Art. 146 of the Criminal Code.
Article 146 of the Criminal Code has become extremely popular. They are insured by it, when the evidence in the main case is not very convincing, it “makes statistics”. She, as our law enforcement officers sometimes believe, is easy to prove (in the next issue I will try to show that in at least this is not the case in theory).
Questions related to these accusations come to me weekly, so I will answer the most common of them, and in the process I will try to debunk some of the most popular myths. A number of answers are presented in a rather simplified form. It is made for ease of learning. In fact, behind many of the statements made here are the most extensive discussions and dozens of nuances. I recommend in advance to the legal colleagues for an apology for a certain profanation of the topic.
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Myth one. I am only a system administrator, even if the company and its management are responsible for everything.
The task of valiant law enforcement officers in verifying compliance with the requirements of the fourth part of the Civil Code (namely, it is dedicated to copyright as well) is purely practical - to initiate a criminal case. And if excited, the case should be in court.
Perhaps this is only in one case - the cost of counterfeit must exceed 50,000 rubles. The maximum penalty in this case is 2 years of imprisonment. If the cost of counterfeit exceeds 250000 rubles (or there is a group of persons by prior agreement), then the maximum penalty provided by the Criminal Code is 6 years of imprisonment
Criminal liability of legal entities in “our Palestinians” is impossible. Potential suspects, as a rule, will be either the CEO of the company, or a system administrator. Moreover, on the basis of practice, if there is a system administrator in the company, then he is “under the distribution”.
The identification of the guilty person is mainly carried out by interrogating the employees, the general director, in order to ascertain “who is working on your computers”. As you may have guessed, they will point out the poor IT pros.
What to do?
The choice is quite simple. Either you want management to buy licensed software, or you quit. This, of course, is a cruel advice on present times, but there will be no other.
Conviction, term (albeit conditional) - is a wolf ticket for life. If your salary is such that it covers this risk, then go for it.
And if the employees themselves install unlicensed software on the corporate computer, do I also have to answer?
The right question. I have recently had this business too. The sysadmin was able to recapture, as they provided the investigator with the torrent logs of a specific employee, proving the origin of the specific software. While there were no logs, the comrade assured that he did not know where it came from. And the main suspect was a system administrator.
The recommendation is simple. Before each delivery to an employee of a corporate computer / laptop, an act of transmission should be drawn up with an indication of the programs installed on the computer (indicating license numbers), indicate that no other programs have been established, and also, for the sake of witness, warn the employee of criminal liability for installation of counterfeit software.
If there is no sysadmin on the staff, who will be responsible?
If you still can not determine who installed the software, and there is no sysadmin in the staff, then you will have to respond to the company's general director. UPD It should, of course, be added that this is a common position of the investigation. organs is illegal, and even explicitly prohibited by the Criminal Code. So we are talking about bringing a person to criminal responsibility without establishing his guilt.
In the following issues we will consider the following questions: how computers should be withdrawn, what is counterfeitability, how software costs are determined, what protection lines are possible, etc.
Yours, Jean Valjean
To be continued
Article 146 of the Criminal Code has become extremely popular. They are insured by it, when the evidence in the main case is not very convincing, it “makes statistics”. She, as our law enforcement officers sometimes believe, is easy to prove (in the next issue I will try to show that in at least this is not the case in theory).
Questions related to these accusations come to me weekly, so I will answer the most common of them, and in the process I will try to debunk some of the most popular myths. A number of answers are presented in a rather simplified form. It is made for ease of learning. In fact, behind many of the statements made here are the most extensive discussions and dozens of nuances. I recommend in advance to the legal colleagues for an apology for a certain profanation of the topic.
')
Myth one. I am only a system administrator, even if the company and its management are responsible for everything.
The task of valiant law enforcement officers in verifying compliance with the requirements of the fourth part of the Civil Code (namely, it is dedicated to copyright as well) is purely practical - to initiate a criminal case. And if excited, the case should be in court.
Perhaps this is only in one case - the cost of counterfeit must exceed 50,000 rubles. The maximum penalty in this case is 2 years of imprisonment. If the cost of counterfeit exceeds 250000 rubles (or there is a group of persons by prior agreement), then the maximum penalty provided by the Criminal Code is 6 years of imprisonment
Criminal liability of legal entities in “our Palestinians” is impossible. Potential suspects, as a rule, will be either the CEO of the company, or a system administrator. Moreover, on the basis of practice, if there is a system administrator in the company, then he is “under the distribution”.
The identification of the guilty person is mainly carried out by interrogating the employees, the general director, in order to ascertain “who is working on your computers”. As you may have guessed, they will point out the poor IT pros.
What to do?
The choice is quite simple. Either you want management to buy licensed software, or you quit. This, of course, is a cruel advice on present times, but there will be no other.
Conviction, term (albeit conditional) - is a wolf ticket for life. If your salary is such that it covers this risk, then go for it.
And if the employees themselves install unlicensed software on the corporate computer, do I also have to answer?
The right question. I have recently had this business too. The sysadmin was able to recapture, as they provided the investigator with the torrent logs of a specific employee, proving the origin of the specific software. While there were no logs, the comrade assured that he did not know where it came from. And the main suspect was a system administrator.
The recommendation is simple. Before each delivery to an employee of a corporate computer / laptop, an act of transmission should be drawn up with an indication of the programs installed on the computer (indicating license numbers), indicate that no other programs have been established, and also, for the sake of witness, warn the employee of criminal liability for installation of counterfeit software.
If there is no sysadmin on the staff, who will be responsible?
If you still can not determine who installed the software, and there is no sysadmin in the staff, then you will have to respond to the company's general director. UPD It should, of course, be added that this is a common position of the investigation. organs is illegal, and even explicitly prohibited by the Criminal Code. So we are talking about bringing a person to criminal responsibility without establishing his guilt.
In the following issues we will consider the following questions: how computers should be withdrawn, what is counterfeitability, how software costs are determined, what protection lines are possible, etc.
Yours, Jean Valjean
To be continued
Source: https://habr.com/ru/post/57892/
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