Is Unlicensed Use of MATLAB/Simulink a Crime?

MATLAB and its Simulink extension module are versatile and cost-effective scientific software programs used in numerous fields, including engineering, defense, automotive, aerospace, energy, finance, and artificial intelligence. These programs are developed by The MathWorks Inc. and are licensed for use worldwide.

However, many individuals and organizations in Turkey and around the world still use MATLAB/Simulink without a license (for example, through illegal means such as cracks, keygens, and patches). This is not only an unethical choice but also constitutes a clear crime under the Law on Intellectual and Artistic Works (FSEK) and the Turkish Penal Code (TCK)

This article will detail the legal nature and consequences of using MATLAB and Simulink software without a license.

1. What are MATLAB and Simulink?

MATLAB (Matrix Laboratory):
Used in mathematical modeling, computation, algorithm development, data analysis, machine learning, and automation systems.

Simulink is a block diagram-based system modeling and simulation tool that integrates with MATLAB. It is particularly preferred in the automotive, aerospace, electronics, and control engineering fields

These software programs can only be used with licenses obtained from MathWorks or its authorized distributors . Each license includes:

• Specific to a particular user or device,
• It can be for a limited time or for a unlimited time
• It works with online license verification.

Breaking or disabling this licensing control mechanismis an illegal act.

2. Legal Nature of Unlicensed Use

a) Within the Scope of the Law on Intellectual and Artistic Works: Infringement of Author's Rights

The Law on Intellectual and Artistic Works No. 5846 defines computer programs as "works." Copying, running, distributing, or making available to the public the software is only possible with the permission of the copyright holder.

Article 71/1 of the Law on Intellectual and Artistic Works:
"Anyone who reproduces, performs, distributes, or makes public a work protected by this Law without the written permission of the owner shall be sentenced to imprisonment for one to five years or a judicial fine."

Therefore, MATLAB or Simulink:

• Installation using a crack,
• Running cracked versions,
• Sharing this information with multiple individuals within the company
  constitutes a direct violation of this provision.

b) Within the scope of the Turkish Penal Code: Interference with an Information System

Interfering with the MathWorks system through methods such as cracking, serial bypass, or license server emulators constitutes a cybercrime under Article 244/4 of the Turkish Penal Code

Turkish Penal Code Article 244/4:
“A person who obstructs or disrupts the functioning of an information system shall be punished with imprisonment from one to five years.”

Situations such as running the software without connecting to the license server fall directly under this clause.

3. Liability for Damages and Legal Cases

MathWorks or its authorized representative in Turkey may file a compensation claim with the Intellectual and Industrial Property Rights Court if unlicensed use is detected . The items that may be claimed include:

• The current value of the license fee,
• Profit loss based on usage time,
• Non-pecuniary damage (damage to brand value),
• Destruction of unlicensed copies,
• Court costs and attorney fees.

4. Court of Appeals Practices and Case Law

the 7th Criminal Chamberof the Supreme Court of Appeals has explicitly deemed the unlicensed use of engineering software an act requiring criminal sanctions .

For example:

The 7th Criminal Chamber of the Court of Cassation, Case No. 2015/1993, stated:
“The unlicensed use of software such as AutoCAD and SolidWorks constitutes an infringement on the copyright holder's intellectual property rights and should be punished.”

Similar precedents exist for high-cost engineering software such as MATLAB and Simulink. In fact, even when some of this software is used in an academic setting, liability increases if it falls under the category of "commercial use.".

5. Risks for Companies and Engineering Offices

• The company owner is directly liable for criminal offenses.
• All devices can be confiscated and subjected to expert examination.
• Contracts with public institutions can be terminated.
• If this is detected during tax inspectors' or social security audits, the business's credibility will be damaged.
• It is common for investigations to be launched following complaints from former employees.

6. The Identification and Evidence Gathering Process

Unlicensed use can be detected through the following methods:

• Signals from MathWorks licensing servers,
• Analyzing computer images through digital forensics,
• Complaints from former employees,
• Raids carried out with the prosecutor's order,
• Investigations by BTK and the cybercrime fighting unit.

7. Alternative Legal Remedies

• Free or discounted licenses are available for students and academics.
• A 30-day free trial is legally available.
• Network licenses can be purchased instead of license sharing.
• For small businesses, modular licensing packages can reduce costs.

If all these processes are carried out with the assistance of an expert lawyer or software consultant, the risk can be reduced to zero.

8. Conclusion: Unlicensed use of MATLAB/Simulink is a clear crime

MATLAB and Simulink, developed by MathWorks, are software protected not only scientifically but also legally . Unlicensed use of this software:

• Copyright infringement according to the FSEK (Law on Intellectual and Artistic Works),
• Cybercrime under the Turkish Penal Code,
• This gives rise to liability for compensation .
  

From an ethical, professional, and legal standpoint, such software must only be used through licensed and legal means

Trainee Instructor Esmanur AKTAŞ