What Happens If Unlicensed Software Is Detected in a Workplace? - Istanbul Lawyer

ENTRANCE

In the increasingly digital business world, software has become a fundamental element in almost every workplace. Used in numerous fields, from accounting and engineering to design and data security, software is also a copyrighted work. Therefore, software use has become not only a technical but also a legal issue

In recent years, numerous license auditsa significant portion of the software without a license (pirated) . So, what happens if unlicensed software is detected in a workplace? What penalties do company owners or managers face? How does the process work?

This article details the legal process , penalties , Supreme Court rulings , and preventative measures that begin when unlicensed software is detected in the workplace

I. WHAT IS UNLICENSED SOFTWARE?

Unlicensed software is software that is not licensed or permitted to be used by the copyright holder;

• Establishment,

• Its use,

• Reproduction,

• Distribution,

• Employment in a commercial environment

This is defined as unlicensed use. Specifically, programs activated using methods such as cracks, keygens, or trial resets, or software purchased for personal use and used on company computers, constitute unlicensed use

II. HOW DOES THE IDENTIFICATION PROCESS BEGIN?

1. Report or Complaint

The use of unlicensed software usually comes to light in the following ways:

• Software manufacturer controls (e.g., Microsoft, Adobe, Autodesk),

• Denunciations made by former employees or rival companies,

• A report from a software audit organization.

2. Application to the Prosecutor's Office

Following a complaint, the software owner or their representative files a criminal complaint with the relevant Public Prosecutor's Office.

3. Search and Seizure Warrant from the Magistrates' Court

A search and seizure warrant (Miscellaneous Case File) is obtained from the Magistrates' Court upon the request of the prosecutor's office . Along with this warrant:

• The expert goes to the workplace accompanied by police,

• The computers are examined,

• License documents are required

• All evidence is reported.

4. Expert Examination and Reporting

The investigation determines which software is installed, whether it has a license, and whether crack/keygen files are present. The report is submitted to the prosecutor's office.

III. LEGAL AND CRIMINAL CONSEQUENCES

✔️ 1. Article 71 of the Law on Intellectual and Artistic Works (FSEK) – Penal Provision

"Anyone who unauthorizedly processes, reproduces, distributes, or publicly transmits a work shall be punished with imprisonment from two to four years or a judicial fine ."

Application:
If unlicensed software is used in the workplace:

• Criminal charges are brought directly against the managers.

• Imprisonment can be converted into a fine, but in cases of repeated violations, imprisonment can be applied directly.

✔️ 2. FSEK Article 68 – Material Compensation

The software owner may claim compensation up to three times the license fee per software program

Example: If 10 instances of unlicensed AutoCAD usage are detected, a compensation lawsuit could be filed for up to 450,000 TL (approximately 15,000 TL x 3) for each instance .

✔️ 3. Turkish Penal Code Article 157 – Qualified Fraud

If forged license documents are presented, a prison sentence of 1 to 5 years can be imposed under Article 157 of the Turkish Penal Code.

✔️ 4. Confiscation (Seizure) Order

Computers on which the software is installed can be seized by court order. This decision can halt production processes, especially in small and medium-sized businesses.

IV. Supreme Court Decisions

🔹 Supreme Court 11th Civil Chamber, Case No. 2022/7705.

The company found to be using Tekla software without a license was ordered to pay 91,225 TL in compensation. Furthermore, criminal charges were filed against the company's executives. The court emphasized the "personal responsibility of the executives.".

V. RESPONSIBILITIES OF COMPANY MANAGERS AND PERSONNEL

• Company owners and directors are directly liable for criminal and financial crimes if they used software knowingly or unknowingly without a license .

• IT staff are held liable as helpers if they installed the software or performed the cracking process

In the practice of the Supreme Court, penalties are imposed not only on legal entities but also on individuals on the grounds that the company "acted through its organs.".

VI. HOW CAN YOU PROTECT YOURSELF?

✅ 1. Create a Software Inventory

The license and invoice for each software program must be archived.

✅ 2. Use Open Source Alternatives

Licensing costs can be reduced with free and legal alternatives like GIMP and LibreOffice.

✅ 3. Train Your IT Department

Awareness of software licensing law should be raised through regular seminars and internal communications.

✅ 4. Seek Legal Advice

A software audit should be conducted with the assistance of a lawyer, risky areas should be identified, and corrective measures should be taken.

VII. PRE-AUDIT AND POST-AUDIT STRATEGY

🔹 Pre-Audit:

• Create a software checklist.

• Keep your invoices and license agreements ready.

• Establish a rapid response protocol with the IT team.

🔹 Post-Audit:

• Consult a lawyer immediately.

• Immediately remove any practices that constitute a crime.

• Explore legal settlement options.

CONCLUSION

Detecting unlicensed software in a workplacedoes not simply result in the deletion of the software. Under the Law on Intellectual and Artistic Works and the Turkish Penal Code, imprisonment, fines, hefty compensation payments, and confiscation orders.

Supreme Court rulings demonstrate that managers are held personally liable for software license breaches, and that courts adopt a tough stance in such cases

Therefore, the use of software in workplaces must be legally regulated, license checks must be carried out, and necessary training and consulting services must be obtained. The cost of software may be high, but the penalty for using it without a license is much higher.