The Use of Unlicensed Software and Its Legal Consequences: A Comprehensive Guide for Companies in Türkiye
Legal Consequences of Using Unlicensed Software: A Comprehensive Guide in Turkish Law
What are the consequences of using unlicensed software under Turkish law? Damages, triple compensation, penalties, and legal risks for companies are explained in detail.
Entrance
With technology becoming indispensable in the business world, software use has become a fundamental necessity in every sector. Accounting, engineering, architecture, data analysis, design, manufacturing, and even daily office operations are now carried out through software. However, this intensive use also brings with it a significant legal risk: the use of unlicensed software.
Using unlicensed software cannot be viewed solely as a technical deficiency or a cost-saving measure. In the Turkish legal system, this constitutes a serious legal problem that can lead to copyright infringement, liability for damages, and in some cases, criminal penalties. For companies in particular, this risk can have both financial and reputational consequences.
This article will detail what constitutes unlicensed software use, what situations are considered violations, its place in Turkish law, its legal and criminal consequences, and how companies can protect themselves from this risk.
What is unlicensed software?
Unlicensed software means using software outside of the permission granted by the manufacturer or rights holder. This does not only include cracked or pirated software, also known as "pirated software." The following situations may also be considered a license violation:
- Single user license can be used on multiple devices
- Commercial use of the trial version
- Continuing to use an expired license
- Using educational licenses in commercial projects
- Keeping subscription software active outside of its license period
- Distributing the license key to multiple users
Therefore, the concept of unlicensed software is quite broad, and often companies commit this violation unknowingly.
Software Protection in Turkish Law
In Turkish law, computer programs are protected under the Law on Intellectual and Artistic Works No. 5846 (FSEK). According to this law, computer programs are considered "scientific and literary works".
Within this scope, the software owner is granted the following rights:
- Reproduction rights
- Right of distribution
- Processing rights
- Right of public transmission
These rights are exclusive, meaning they belong solely to the author. Unauthorized use of these rights constitutes a legal violation.
In particular, even the installation, execution, and storage of software on a computer can be considered within the scope of copyright. Therefore, unlicensed use often constitutes a direct copyright infringement.
Which Actions Constitute License Infringement?
The most common license violations in practice are:
1. Unauthorized Reproduction
Unauthorized installation of software on multiple computers
2. Exceeding the Scope of the License
Expanding a single-user license to multiple users
3. Timeout
Continued use of subscriptions or term licenses after they have expired
4. Misuse
Commercial use of an educational or personal use license
5. Overcoming Technological Protection
Removing software protection using tools like cracks and keygens
Each of these actions may give rise to legal liability, depending on the specific circumstances of the case.
Legal Liability: Damages and Triple Payment
One of the most significant consequences of using unlicensed software is liability for damages.
Triple Price Demand
Under the Copyright Law, the rights holder can claim compensation up to three times the amount they would have been able to claim if a license had been granted
In practice, this means:
- Standard license fee: 100,000 TL
- Amount that can be claimed: 300,000 TL
This regulation was introduced to deter licensing violations and poses a significant financial risk.
Other Legal Claims
The rights holder may also request the following:
- Stopping unlicensed use
- Software uninstallation
- Return of earned profits
- Material and moral compensation
Therefore, using unlicensed software is not a problem that can be solved simply by paying the missing license fee.
Criminal Liability
Using unlicensed software can, in some cases, be considered a criminal offense.
Acts that fall within the scope of crime
- Unauthorized reproduction
- Using the software for commercial purposes
- Distributing unlicensed software
- Bypassing protection systems
For these verbs:
- Prison sentence
- Judicial fine
It may come up on the agenda.
The Crime of Circumventing Technological Measures
Particularly with the regulations enacted in recent years, the use of tools designed to bypass software protection systems has been regulated as a separate crime.
This situation poses a serious risk for companies that use cracked software.
Risks for Companies
For companies, using unlicensed software has far more serious consequences.
1. High Risk of Compensation
Due to the large number of users and devices, the compensation amount could reach significant proportions.
2. Risk of Criminal Investigation
Criminal charges may be filed, especially if the use is commercial.
3. Risk of Inspection and Raids
Computers can be used for examination and evidence collection.
4. Loss of Reputation
This situation can affect brand value, especially in large companies.
5. Impact on Investment and Sales Processes
Lack of licenses creates serious problems in company mergers or acquisitions.
Evidence and Investigation Process
In unlicensed software cases, the most critical issue is evidence.
The elements examined are as follows:
- Programs installed on computers
- License keys
- Number of users
- Log records
- Invoice and purchase documents
The court or prosecutor's office may order an examination of computers if necessary.
Therefore, proper record-keeping for companies is extremely important.
Protection Methods for Companies
To protect themselves from the risk of unlicensed software, companies should take the following measures:
1. Creating a Software Inventory
A list of all programs should be compiled
2. Monitoring Licenses
License type, duration, and number of users should be checked
3. Keeping Purchase Documents
Invoices and license agreements should be archived
4. Monitoring IT Processes
Systems established by external companies should be checked
5. Restricting User Permissions
Employees should be prevented from installing software without permission
6. Conduct Regular Audits
Periodic license compliance checks should be carried out
What should be done if a warning notice is received?
If a company faces an allegation of licensing violation:
- There is no need to panic
- Systems should not be deleted
- The current situation needs to be analyzed
- Licenses should be checked
- Legal advice should be sought
One wrong step could make the situation worse.
Conclusion
Using unlicensed software is an act with serious consequences under Turkish law. This is not merely a technical error, but a direct copyright infringement. It can result in damages, triple compensation, penalties, and damage to the company's reputation.
For companies in particular, this risk increases proportionally with their size. Therefore, license management is no longer just an IT issue, but directly a legal and compliance matter.
The most appropriate approach is to prevent the use of unlicensed software and establish regular monitoring mechanisms. Otherwise, short-term cost advantages can lead to much more serious consequences in the long run.
Frequently Asked Questions
Is using unlicensed software a crime?
In some cases, yes. Especially if there is commercial use, criminal liability may arise.
Would obtaining a license later solve the problem?
No. Liability for past violations remains.
If a company employee did it, would the company be held responsible?
Yes, in most cases the company is also held responsible.
Is using a trial version a crime?
It may be illegal if used for commercial purposes.
What is the biggest risk?
It is a triple damages penalty and a criminal investigation.
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