What Happens If You Get Caught Using Unlicensed Software? - Istanbul Lawyer

ENTRANCE

Today, software is central to both commercial and individual activities. However, many users and companies disregard copyright-based licensing terms when using software, which can lead to them the Law on Intellectual and Artistic Works (FSEK) . This usage, also known as "pirated software" or "unlicensed software," poses significant criminal, legal, and financial risks .

This article will comprehensively examine the consequences for individuals caught using unlicensed software , the legal process they will undergo in such a case, and the preventative measures they can take

I. WHAT IS UNLICENSED SOFTWARE USAGE?

✔️ Definition:

Using software without a license refers to installing, running, or reproducing software without a legal license. This is usually done in the following ways:

Breaking the original software through methods such as "cracking" or "keygens,"
The use of programs illegally downloaded from the internet,
Unlicensed backup and multiple installations,
Continued use of software whose license has expired.

✔️ Legal Basis:

the Law on Intellectual and Artistic Works No. 5846, anyone who processes, reproduces, or uses software without the permission of the copyright holder imprisonment from 2 to 4 years or a judicial fine .

II. HOW DOES THE IDENTIFICATION PROCESS WORK?

Detection of unlicensed software use usually occurs in the following way:

1. Complaint or Report

Software manufacturers (e.g., Microsoft, Adobe, Autodesk) or their representatives file complaints.
Sometimes rival companies or former employees also use the whistleblowing mechanism.

2. Various Case Files and On-Site Inspections

An inspection is carried out at the company's address, accompanied by an expert and law enforcement officers, in accordance with a decision obtained from the Magistrates' Court .
Computers are turned on, software is detected, and screenshots are taken.
Comparisons are made with licensing documents.

3. Expert Report and Prosecutor's Investigation

After the assessment, a technical expert report is prepared.
The report is sent to the Public Prosecutor's Office, and a criminal investigation is initiated.

III. WHAT HAPPENS IF YOU ARE CAUGHT USING UNLICENSED SOFTWARE?

1. A criminal investigation is initiated

If it is determined that the software was used without a license, the prosecutor's office will initiate a public prosecution in accordance with Article 71 of the Law on Intellectual and Artistic Works .
You will be asked to give a statement as a defendant.

2. A simultaneous legal action can be filed

The copyright holder of the software may also a lawsuit for material and moral damages (Article 70 of the Law on Intellectual and Artistic Works).
There is a right to claim compensation up to 3 times the original amount (Article 68 of the Copyright Law).

3. Computers can be confiscated

The court may seize computers as evidence or for confiscation purposes.
These devices may not be returned at the end of the trial.

4. Company executives may be held personally liable

Especially in legal entities, not only employees but the company owner, manager, or IT manager can be individually penalized.

5. Reputational and Commercial Losses

The lawsuits that have come to light as a result of the audit could damage the company's relationships with its business partners and customers.
Weakened brand value can lead to customer loss.

IV. POSSIBLE PENALTIES

⚖️ From a Criminal Law Perspective

2 to 4 years imprisonment
Alternatively, or in conjunction with, a judicial fine.
Seizure and confiscation order (for computers, CD/DVD media, USB devices)

⚖️ In a Legal Case

Article 70 of the Law on Intellectual , compensation for material and moral damages.
According to Article 68 of the Law on Intellectual and Artistic Works, compensation up to three times the license fee can be awarded for each unlicensed software.

V. PREVENTIVE LEGAL RECOMMENDATIONS

The following measures should be implemented to prevent the use of unlicensed software:

✅ 1. Create a Software Inventory

The licensing status of all software used within the company must be recorded.

✅ 2. Open source and free software should be evaluated

For example, software like LibreOffice and GIMP offer legal, copyright-free alternatives.

✅ 3. Provide legal training to the IT Department

License violations can occur unknowingly; therefore, employees must be informed.

✅ 4. Conduct regular internal audits

License compliance must be ensured through periodic external IT audits and legal reviews.

✅ 5. Seek legal advice from a consulting lawyer

To protect against the risk of detection and to prepare for defense, expert assistance should be sought.

CONCLUSION

Using unlicensed software is not merely a technical or commercial negligence; that constitutes a clear crime under Turkish Criminal Law . If this use is detected, , ranging from imprisonment and fines to seizure of assets and damage to the company's reputation .

However, these risks can be mitigated beforehand. It should be remembered that it is almost impossible to operate without leaving a trace in the digital world, and software manufacturers possess highly professional tools for detecting such breaches.

The idea that "legal software is expensive" pales in comparison to the costs associated with using unlicensed software. Therefore, adopting legal software and establishing risk management policies is no longer just a technical choice, but a legal obligation.

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