The Crime of Using Unlicensed Software

Using unlicensed or pirated software is a crime. Those who use computer programs without a license are subject to criminal penalties according to the Law No. 5846 on Intellectual and Artistic Works. In this context, it is useful to distinguish between licensed and unlicensed software.

Licensed software refers to software for which payment has been made for use under specific conditions, either for a limited or unlimited period. Unlicensed software, on the other hand, encompasses the unauthorized copying, publication, commercial use, and manufacturing of software products protected by global and local copyright agreements and copyright laws.

The Criminal Aspect

The use of unlicensed software falls under Article 243 of the Turkish Penal Code, which states: "Anyone who unlawfully enters or remains in all or part of an information system..." Accordingly, those who use unlicensed software will be punished with imprisonment for up to one year or a judicial fine.

Compensation

During or at the conclusion of the legal process, the party using unlicensed software may be liable for damages. According to Article 68 of the Law on Intellectual and Artistic Works No. 5846, a lawsuit for damages can be filed against a business that profits commercially by using pirated (unlicensed) software during the conduct of its commercial activities. The law stipulates that the company using unlicensed software can be sued for up to three times the license fee in damages.

Compromise

In legal proceedings against those who use unlicensed software, the plaintiff has the right to withdraw their complaint. However, withdrawal is only possible through a settlement between the software company and the user who committed the act. This will necessitate a settlement process between the user and the software company. Ultimately, the software company may request compensation for damages and fulfillment of the user's requests. If the settlement process concludes successfully, the complaint will be withdrawn. Indeed, withdrawing a complaint once completely eliminates the right to complain.

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