What Happens If There Is Pirated Software on Your Computer? - Istanbul Criminal Lawyer

ENTRANCE

Software programs are one of the fundamental building blocks of the digital age. Used in almost every field, from education to commerce, industry to creativity, these programs are also protected by copyright. However, it is observed that individuals or companies sometimes use these programs without a license, that is, pirated.

This article will explain the consequences of finding pirated software on a computer of the Law No. 5846 on Intellectual and Artistic Works, the Turkish Penal Code, and Supreme Court precedents .

I. WHAT IS PIRATED SOFTWARE?

Pirated software is software created without the permission of the copyright holder;

Uploading (reproducing),
Usage (processing),
Distribution (spreading),
For commercial use (public dissemination)

It can be defined as follows.

Pirated software is usually detected in the following ways:

Activation with crack files,
Keygen usage,
Illegal downloading from the internet,
Absence of invoice and license agreement,
Use of a personal license in a commercial setting.

II. WHAT HAPPENS IF PIRATED SOFTWARE IS FOUND ON A COMPUTER?

1. The Legal Process Beginning with Identification

The presence of pirated software on your computer can be detected in the following ways:

The software company's complaint,
A tip from a rival company or a former employee,
On-site inspections conducted by law enforcement or expert witnesses under a court order .

During the inspection, the computer is examined, a list of software programs is compiled, and license documents are checked.

2. A criminal investigation is initiated

According to Article 71 of Law No. 5846, a criminal complaint is filed, and the prosecutor's office initiates an investigation ex officio

3. Criminal and legal liability arises

Criminal and civil lawsuits can be filed against the computer owner and, if the incident occurred in the workplace, against the company executives.

III. CRIMINAL LIABILITY: FSEK Article 71

✔️ Article 71 of the Law No. 5846 on Intellectual and Artistic Works

“Anyone who reproduces, distributes, performs, or publicly transmits a work protected by this Law without the permission of the copyright holder shall be punished with imprisonment from two to four years or a judicial fine .”

According to this provision, pirated software:

Installing on a computer = duplication,
Usage = processing,
Using it within the company dissemination and public communication .

✔️ Additional Penalties That May Apply:

Imprisonment (2 to 4 years),
Judicial fine,
Seizure and confiscation of computers and digital media devices .
Personal responsibility is being assigned to managers.

IV. LEGAL RESPONSIBILITY: FSEK Article 68

✔️ Right to Financial Compensation

According to Article 68 of the Copyright Law, the author has the right to claim compensation for the damage suffered in three ways, at their own discretion :

The actual damage,
Profit provided to the perpetrator,
Three times the market value of the artwork.

In practice, a claim for three times the amount of compensation is generally accepted.

V. RESPONSIBILITY IN COMPANIES

If pirated software is found within the company:

Company legal entity,
The IT staff who installed the software,
Any company executive who approves this use or knowingly remains silent will be held directly responsible.

According to the Supreme Court's ruling, company directors, partners, and IT managers are held jointly and severally liable

VI. UNDER WHAT CIRCUMSTANCES CAN THE PENALTY BE INCREASED?

If the software is used for commercial purposes,
If it has been used on multiple computers simultaneously,
If the crime has been committed before (again),
If the company manager is knowingly continuing this situation.

In these cases, courts prison sentences directly .

VII. METHODS OF PROTECTION AND RECOMMENDATIONS

✅ 1. Prepare a Software Inventory

Keep a clean archive of all license documents and invoices for all software used in your company.

✅ 2. Turn to open-source software

Software licensed under open licenses, such as GNU, MIT, and Apache, is free and legal.

✅ 3. Train your staff

The entire team, especially IT staff, should be informed about licensed software.

✅ 4. Prepare legally against audit risks

Companies at risk of audits should prepare a pre-audit, detection, and response plan.

VIII. CONCLUSION

Under Turkish law, the presence of pirated software on a computer has serious consequences, both in terms of criminal law and civil law (compensation law). According to Law No. 5846, this act is a crime and can result in imprisonment. Furthermore, compensation amounting to three times the market value of the software may also be imposed.

The advantage of pirated software is short-term, but the cost is heavy in the long run. Therefore, it is essential for companies, in particular, to manage their IT infrastructure with licensed software, train their personnel, and conduct regular internal audits.

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