Crime of Using Unlicensed Software - Istanbul Criminal Lawyer

ENTRANCE

Advancing technology and the digitalization of the business world have made software usage an unavoidable necessity. Today, software is indispensable for businesses and individual users alike, from the simplest office tasks to professional work such as engineering and graphic design. However, this widespread use has also led to the proliferation of unlicensed software (pirated software) problems

Many users unknowingly or due to cost concerns use unlicensed software, and this leads to serious legal and criminal consequences . So what happens if you are caught using unlicensed software? Will you be penalized? Is there a risk of imprisonment? What is the process like?

This article provides detailed answers to these questions within the framework of Turkish law, includes an evaluation supported by Supreme Court decisions, and offers preventative legal recommendations

I. WHAT IS UNLICENSED SOFTWARE?

Unlicensed software refers to software that is used, copied, installed, reproduced, or distributed without the permission of the copyright holder, whether a natural or legal person . Such software typically includes:

• Programs activated with cracks or keygens,

• Applications downloaded illegally from the internet,

• Expired or commercially used software with personal use licenses,

• They appear in the form of programs used with fake invoices or license documents.

All of these actions constitute a crime under the Law on Intellectual and Artistic Works (Law No. 5846)

II. LEGAL BASIS FOR THE USE OF UNLICENSED SOFTWARE

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

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

Software is considered a work of science and literature according to Article 2 of the Law on Intellectual and Artistic Works. Therefore:

• To establish = to multiply,

• Use = process,

• Using something within a corporate context is considered an action of communicating it to the public.

III. WHAT HAPPENS WHEN YOU GET CAUGHT?

1. The process begins upon notification or complaint

Using unlicensed software generally means:

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

• Rival companies,

• Former employees,

• It is noticed by licensing audit firms and becomes the subject of a complaint.

2. A supervisory order is obtained from the court

Upon receiving a complaint, the software owner or their representative applies to the Magistrates' Court to open a case file . If the court deems it appropriate, it orders an on-site software inspection at the company's location, accompanied by an expert and law enforcement officers

3. On-site inspection and computer analysis are performed

The police and an expert went to the company;

• Software on computers is detected,

• License documents and invoices are checked

• Screenshots are taken of the software

• A report is prepared.

4. A criminal investigation is initiated

The expert report is sent to the prosecutor's office. The prosecutor's office initiates a criminal investigation under Article 71 of the Law on Intellectual and Artistic Works, and in most cases, a public prosecution is initiated

5. Court Process and Verdict

If the court concludes that the crime has been committed:

• a prison sentence of 2-4 years .

• Alternatively, a judicial fine can be imposed.

• A suspended sentence (HAGB) may be issued.

IV. LEGAL RESPONSIBILITIES

🏢 Who is responsible in companies?

• The IT staff who installed the software ,

• The company executive who approved the use of the software ,

• A partner or general manager who knew the software was unlicensed but failed to take precautions .

According to Supreme Court rulings, both the legal entity and its managers are individually liable for criminal and civil damages.

V. LEGAL CONSEQUENCES

✔️ 1. Criminal Liability (Article 71 of the Law on Intellectual and Artistic Works)

• Prison sentence: 2 to 4 years

• Judicial fine

• Seizure and destruction of digital devices

✔️ 2. Material Compensation (FSEK Article 68)

• The rights holder can claim compensation up to three times the market price per software program

✔️ 3. Reputation Loss and Commercial Risks

• The company's reputation will be damaged

• There is a loss of commercial confidence

• If the audit results are made public, the brand value will decrease.

VI. WHAT SHOULD YOU DO TO PROTECT YOURSELF FROM THIS RISK?

✅ 1. Document all your software

Keep your invoice, license, and email confirmations.

✅ 2. Choose open source alternatives

Software licensed under the GPL (LibreOffice, GIMP, etc.) is both legal and free.

✅ 3. Conduct regular internal audits

Perform a software inventory and license compliance audit at least once a year.

✅ 4. Inform your employees

Train IT staff and managers about license violations and the penal consequences.

✅ 5. Seek advice from a lawyer

Get expert help with software usage agreements, license audits, and defense processes.

CONCLUSION

Using unlicensed software is an offense punishable not only by administrative penalties but also by direct criminal penalties under Turkish law. If unlicensed software is found on a computer, criminal investigations will be initiated against company owners, managers, and even IT employees, and they may face severe penalties, including imprisonment, from the court.

Therefore, it is part of the legal responsibilities of both individuals and companies to pay utmost attention to licensing and copyright issues regarding software use, to conduct auditing processes rigorously, and to manage risks