October 25, 2011 at 16:00What to do if you face 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 the damage caused to well-known domestic and foreign companies.
The amount is fantastic, especially for a married couple with a surname different from "Abramovich". I want to note that if everything goes further according to the strict letter of the law, with a literal interpretation and the absence of court questions for the prosecution, the amount may increase.
There is article 1301 “Responsibility for violation of the exclusive right to work” in the 4th part of the Civil Code of the Russian Federation:
In cases of violation of the exclusive right to a work, the author or other copyright holder, along with other applicable methods of protection and liability measures established by this Code (Articles 1250, 1252 and 1253), is entitled, in accordance with paragraph 3 of Article 1252 of this Code, to demand from his choice instead of damages, compensation:
in the amount of ten thousand rubles to five million rubles, determined at the discretion of the court;
twice the cost of copies of the work or twice the cost 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 copyright holder, but I guess who will stand behind the faceless "well-known domestic and foreign companies."
I’m a lawyer by education and work, it so happened that I read the habr regularly, I like the technique more complicated than the calculator, and I set the first Linux at 14.
By the will of the profession, I often come across people who simply_reinstalling_windu_and_native_office get 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 rendered "computer help" to the employees of the Ministry of Internal Affairs.
Let us consider the second case in detail, although the rules are the same for everyone - in the second case, it is up to you to take criminal responsibility.
So, you installed Windows and an office with photoshop and Korel, they show you a crust and tell you to lay out everything that is in your bag, pockets, witnesses' names and so on ... Actually, be prepared that all the instals that you have will be “damage”, To determine the amount of “damage” you have caused to the respective Corporations, specific figures will be taken. These figures are carefully determined by the Nonprofit Partnership of Software Product Suppliers , I must say that their pricing seems to me a greater secret than the Bermuda Triangle.
For example, according to the NTPP, windows 95 ENG costs $ 212, windows 98SE- $ 247.5, exel 97- $ 402. As you can see, the arguments that it is impossible to buy Excel in the territory of the Russian Federation outside the office package, and Vin95-98 has not been sold for 1000 years, are not true for NPPT. There is still a lot of interesting things in this price catalog - SQL Server 2000 will cost you $ 13,000, word 2007 at 212, also not rubles.
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 Maykosoft himself.
Advice - do not spare money on lawyers / representatives, a state lawyer is such a person ... how to say, he must protect you, defend innocence for a little more than 200 rubles. for judo. His interest is zero, so he will object to sluggishly. Often they are old acquaintances with the investigator.
Look for a sensible representative who will challenge the examination, because it simply multiplies the number of disks / flash drives by the amount from the catalog of NPPP, does not agree that the office of 2003 for students and the 2010 professional are the same.
Examination is the most important part of the prosecution, in most cases, law enforcement agencies try to solder a large amount, because the larger the amount, the more serious your crime.
I rarely saw the results of examinations in which reflections of categories would appear: "how network AutoCAD differs from local". To challenge the examination, indicating 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 (whose corporation has suffered damage) has the right to bring a civil lawsuit in a criminal trial, however, in my practice, a lawsuit is often filed with a civil court after a criminal case has been sentenced and has entered into legal force.
Filing such a lawsuit, the Corporation expects to compensate for the harm caused to it - here, in fact, article 1301 of the Civil Code of the Russian Federation comes into force.
Having determined the amount of damage indicated in the criminal case, the plaintiff has two options:
1. Indicate any figure from ten thousand rubles to five million rubles. In this case, the court correlates the reasonableness and fairness of such a figure. 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 turn out to be quite impressive. If you do not have real circumstances and arguments that will put you before the court as an insolvent subject with a mortgage, children and a salary of 10,000, it would be better for them to appear.
2. The second case is: “in the double amount of the cost of copies of the work or in the double amount of the cost 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”. A very controversial point, court decisions on it can be diametrically opposed. The court can go the easy way - take the amount from the Sentence, multiply by two and make a decision. In this case, the court does not have the right to interpret the amount claimed in any way. This is where the correct examination may come in handy for you - it will at least somehow reduce the amounts put up. It is very stupid in 2011 to pay out of your own pocket 2 * 177 dollars for j3qq4-h7h2v-, etc. You can also use the 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 place and time. For example, office 2003 is now significantly cheaper than office 2010, they sell it far from everywhere, but if you look ... I found it for 1800 rubles.
However, there is another method - a settlement / waiver of the claim. Corporations very often do this. For any organization, it’s more profitable to get now than to pinch off 20% of your salary for 15 years. Gather documents that can show that the amount is significant for you, offer the global representative of the Corporation, with sufficient motivation, the amount of the claim can be significantly reduced.
One more point, I repeat, do not neglect sensible representatives! In the world, there are few lawyers who know the difference between Windows Home Premium and Starter, but if you try to explain what the court is wrong, most likely you are doomed to failure.
Few people believe in the words, they need expertise, conclusions, letters from manufacturers. All this needs to be requested, requested reasonably. To account for these circumstances, you must petition! It’s easier for a court to follow a well-trodden road than to make a decision that goes against judicial practice.
And finally, be sure to attend meetings, study incoming papers, read the Code of Criminal Procedure of the Russian Federation and the Civil Procedure Code of the Russian Federation. Otherwise, one day a bailiff may come to you and begin to describe the computer, blinds, table and cat.
The amount is fantastic, especially for a married couple with a surname different from "Abramovich". I want to note that if everything goes further according to the strict letter of the law, with a literal interpretation and the absence of court questions for the prosecution, the amount may increase.
There is article 1301 “Responsibility for violation of the exclusive right to work” in the 4th part of the Civil Code of the Russian Federation:
In cases of violation of the exclusive right to a work, the author or other copyright holder, along with other applicable methods of protection and liability measures established by this Code (Articles 1250, 1252 and 1253), is entitled, in accordance with paragraph 3 of Article 1252 of this Code, to demand from his choice instead of damages, compensation:
in the amount of ten thousand rubles to five million rubles, determined at the discretion of the court;
twice the cost of copies of the work or twice the cost 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 copyright holder, but I guess who will stand behind the faceless "well-known domestic and foreign companies."
I’m a lawyer by education and work, it so happened that I read the habr regularly, I like the technique more complicated than the calculator, and I set the first Linux at 14.
By the will of the profession, I often come across people who simply_reinstalling_windu_and_native_office get 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 rendered "computer help" to the employees of the Ministry of Internal Affairs.
Let us consider the second case in detail, although the rules are the same for everyone - in the second case, it is up to you to take criminal responsibility.
So, you installed Windows and an office with photoshop and Korel, they show you a crust and tell you to lay out everything that is in your bag, pockets, witnesses' names and so on ... Actually, be prepared that all the instals that you have will be “damage”, To determine the amount of “damage” you have caused to the respective Corporations, specific figures will be taken. These figures are carefully determined by the Nonprofit Partnership of Software Product Suppliers , I must say that their pricing seems to me a greater secret than the Bermuda Triangle.
For example, according to the NTPP, windows 95 ENG costs $ 212, windows 98SE- $ 247.5, exel 97- $ 402. As you can see, the arguments that it is impossible to buy Excel in the territory of the Russian Federation outside the office package, and Vin95-98 has not been sold for 1000 years, are not true for NPPT. There is still a lot of interesting things in this price catalog - SQL Server 2000 will cost you $ 13,000, word 2007 at 212, also not rubles.
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 Maykosoft himself.
Advice - do not spare money on lawyers / representatives, a state lawyer is such a person ... how to say, he must protect you, defend innocence for a little more than 200 rubles. for judo. His interest is zero, so he will object to sluggishly. Often they are old acquaintances with the investigator.
Look for a sensible representative who will challenge the examination, because it simply multiplies the number of disks / flash drives by the amount from the catalog of NPPP, does not agree that the office of 2003 for students and the 2010 professional are the same.
Examination is the most important part of the prosecution, in most cases, law enforcement agencies try to solder a large amount, because the larger the amount, the more serious your crime.
I rarely saw the results of examinations in which reflections of categories would appear: "how network AutoCAD differs from local". To challenge the examination, indicating 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 (whose corporation has suffered damage) has the right to bring a civil lawsuit in a criminal trial, however, in my practice, a lawsuit is often filed with a civil court after a criminal case has been sentenced and has entered into legal force.
Filing such a lawsuit, the Corporation expects to compensate for the harm caused to it - here, in fact, article 1301 of the Civil Code of the Russian Federation comes into force.
Having determined the amount of damage indicated in the criminal case, the plaintiff has two options:
1. Indicate any figure from ten thousand rubles to five million rubles. In this case, the court correlates the reasonableness and fairness of such a figure. 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 turn out to be quite impressive. If you do not have real circumstances and arguments that will put you before the court as an insolvent subject with a mortgage, children and a salary of 10,000, it would be better for them to appear.
2. The second case is: “in the double amount of the cost of copies of the work or in the double amount of the cost 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”. A very controversial point, court decisions on it can be diametrically opposed. The court can go the easy way - take the amount from the Sentence, multiply by two and make a decision. In this case, the court does not have the right to interpret the amount claimed in any way. This is where the correct examination may come in handy for you - it will at least somehow reduce the amounts put up. It is very stupid in 2011 to pay out of your own pocket 2 * 177 dollars for j3qq4-h7h2v-, etc. You can also use the 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 place and time. For example, office 2003 is now significantly cheaper than office 2010, they sell it far from everywhere, but if you look ... I found it for 1800 rubles.
However, there is another method - a settlement / waiver of the claim. Corporations very often do this. For any organization, it’s more profitable to get now than to pinch off 20% of your salary for 15 years. Gather documents that can show that the amount is significant for you, offer the global representative of the Corporation, with sufficient motivation, the amount of the claim can be significantly reduced.
One more point, I repeat, do not neglect sensible representatives! In the world, there are few lawyers who know the difference between Windows Home Premium and Starter, but if you try to explain what the court is wrong, most likely you are doomed to failure.
Few people believe in the words, they need expertise, conclusions, letters from manufacturers. All this needs to be requested, requested reasonably. To account for these circumstances, you must petition! It’s easier for a court to follow a well-trodden road than to make a decision that goes against judicial practice.
And finally, be sure to attend meetings, study incoming papers, read the Code of Criminal Procedure of the Russian Federation and the Civil Procedure Code of the Russian Federation. Otherwise, one day a bailiff may come to you and begin to describe the computer, blinds, table and cat.