IS USING SOLIDWORKS WITHOUT A LICENSE A CRIME? – ISTANBUL CRIMINAL LAWYER

ENTRANCE

SolidWorks is a globally recognized three-dimensional (3D) CAD software widely used in technical sectors such as engineering, manufacturing, R&D, and product design. In Türkiye, it is used by thousands of engineers, technicians, students, and companies. However, due to the high licensing costs, many users prefer to obtain SolidWorks without a license (pirated) or simply ignore this fact.

So, is using SolidWorks a crime in itself? Under what circumstances does it lead to legal and criminal liability? What kinds of sanctions are applied?

This article details how the unlicensed use of commercial software like SolidWorks is evaluated within the framework of Turkish Criminal Law, the Law on Intellectual and Artistic Works (FSEK), and Supreme Court precedents , as well as the associated risks and precautions users can take

I. WHAT IS SOLIDWORKS?

SolidWorks is a professional software developed by the French company Dassault Systèmes, used particularly in engineering for 3D modeling, product design, prototyping, and analysis.

• Version types: SolidWorks Standard, Professional, Premium

• Applications: Machine manufacturing, defense industry, automotive, construction, education

SolidWorks is designed for use only licensed users , and unlicensed use will result in legal action against both companies and users.

II. IS USING SOLIDWORKS WITHOUT A LICENSE A CRIME?

✔️ Yes, using SolidWorks without a license is clearly a crime under Turkish law.

This situation is considered both a copyright infringement under the Law on Intellectual and Artistic Works and, in some cases, a fraud offense under the Turkish Penal Code

1. Law on Intellectual and Artistic Works (FSEK)

SolidWorks is considered a "work" within the scope of the Turkish Copyright Law.

• Article 2 of the Law on Intellectual and Artistic Works – “Computer programs are works of science and literature.”

• Article 71 of the Law on Intellectual and Artistic Works – “A person who adapts, reproduces, or distributes a work without the permission of its owner shall be punished with imprisonment from 2 to 4 years or a judicial fine.”

In summary: Installing or running SolidWorks using cracks, keygens, warez, etc., is a crime under this law.

III. CRIMINAL SANCTIONS

✔️ 1. FSEK Article 71: Criminal Liability

• Prison sentence: 2 to 4 years

• Alternatively, a judicial fine

• Additionally, seized computers and other devices may be confiscated

✔️ 2. FSEK Article 68: Liability for Damages

You can claim up to three times the license fee for SolidWorks. So , if the software normally costs €10,000, you could file a lawsuit for up to €30,000 in damages .

✔️ 3. Turkish Penal Code Article 157 – Fraud

If the user provides false license information or claims that the software is licensed, the crime of aggravated fraud be committed.

IV. RISKY SITUATIONS WHEN USING SOLIDWORKS

The following actions constitute unlicensed use and will result in criminal liability:

• Using SolidWorks activated with a crack file

• Installing software using a keygen (serial number generating tool)

• Using an educational license for commercial purposes

• Making the software trial version permanent

• Continuing one's commercial activities with a license belonging to another company

V. WHO WILL BE HELD RESPONSIBLE?

👤 Individual Users

• Engineers, students, and technicians who install software on their own computers using cracks

🏢 Company Executives

• Company owners and managers who turn a blind eye to the unlicensed use of SolidWorks

👨‍💻 IT Staff

• Employees who performed the installation or provided technical support even though they knew it was unlicensed

According to the Supreme Court, not only the legal entity of the company but also its managers and employees can be held personally liable.

VI. THINGS TO CONSIDER WHEN USING SOLIDWORKS

✅ Read the License Agreement

• SolidWorks licenses are device and user-based. Any misuse constitutes a breach of contract.

✅ Pay Attention to Education License Restrictions

• Conducting commercial activities under a "Student" or "Education" license constitutes a license violation

✅ Keep your License Key and Invoice

• Software license information, invoice, and contract must be presented during legal audits.

✅ Turn to Open Source Alternatives

• If commercial use is not essential, legal and free alternatives like FreeCAD can be preferred.

VII. AUDIT AND INVESTIGATION PROCESS

1. Notification or complaint (usually by Dassault Systems)

2. Prosecutor's investigation and the Amendment decision

3. On-site inspection with expert supervision

4. Evidence collection and screenshot taking

5. Filing a criminal case and/or a compensation lawsuit

VIII. PREVENTIVE LEGAL RECOMMENDATIONS

• Create an in-house software inventory

• Perform periodic license checks

• Train your IT staff on licensing law

• Seek process management support from a legal advisor

• Do not use training or trial versions for commercial purposes

CONCLUSION

Using SolidWorks is not a crime in itself. However, using this software without a license is a clear crime under Turkish law.
According to the provisions of Law No. 5846 on Intellectual and Artistic Works and the Turkish Penal Code, imprisonment, fines, confiscation of assets, and high amounts of compensation are possible.

for both individual engineers and technicians, as well as commercial companies, to become aware of this issue, to check the licensing status of software, and to prefer using it through legal means, in order to prevent both legal liability and commercial risks.