Quite a long time in the shop was for 80 rubles to buy a disc with a collection of programs, the total value of thousands of dollars, has played with all of us zluyu joke. We have some reason are accustomed to believe that buying a disc, we buy all its content and can do it all, that we vzdumaetsya - to use, copy, distribute, etc.

Meanwhile, the software is the subject of intellectual property and copyright and is protected by law № 3523-1 «On legal protection for electronic computers and databases» and the law № 5351-1 «On Copyright and Related Rights». Using third party software is possible only with the consent of copyright holders. Permission to software developers to use their products made in the form of «License Agreement», which determines the amount of user rights, including the right to use, copying and distribution. When software is sold for money, in fact, not sold itself, but only license its use. Copyright and ownership of the program itself remains for the developer, the property buyer moving only physical media on which the program applies (CDs).

Using software without authorization is illegal. Article 146 of the Criminal Code «The breach of copyright and related rights» provides some very unpleasant penalties for illegal use of copyright. This is a fine of up to 200,000 rubles or wage convicted of a period of up to 18 months, or compulsory work for a period of 180 to 240 hours or imprisonment for up to 2 years (2). The same offense committed by prior agreement organized group of individuals, or in particularly large amount, or by using a official capacity, shall be punished with imprisonment of up to 5 years with a fine of up to 500,000 rubles or wage convicted of a period of up to 3 years (Clause 3).

And caught in the third paragraph of this article is rather simple. In your company are computer that is installed, upgraded, and served unlicensed software on your office computers and servers, and do so with your consent and participation of your staff? Are you sovershaete administrative and criminal offense by prior agreement organized group of individuals.

True, there is a hitch. Criminal charges of illegal use of software can be zavedeno only if it is «act» caused major damage to the right, ie, more than 50,000 rubles. Particularly significant is considered to be damage in excess of 250,000 rubles. If the total cost of licenses illegally used your program does not exceed fifty thousand, your offense will be classified as administrative, and that entails less severe consequences.

Article 7.12 KoAP provides for the illegal use of copyright in order to extract income fine of up to 400 minimum wages «with the confiscation of counterfeit copies of works and phonograms, as well as materials and equipment used to replicate». Deprived of computers, of course, not as unpleasant as losing freedom, but it is better to not lose anything, and it is quite possible, if we take appropriate action.

The first and most obvious (but, alas, not the cheapest) way - is to get rid of all pirated software and buy licensed versions required to work products. Unfortunately, not every Russian company could afford it, while working as a must ... The second option (for wanting to save) - is to use Linux and open source software, the majority of its free and it is legal. Chance of a third, compromise - to buy licensed versions of essential programs, primarily Windows (good, it is not too expensive) and for the rest of software to choose «open» analogues. Most of the «free» program works under Windows and may well compete with their commercial «colleagues» in terms of convenience and functionality. For example, that Microsoft Office can be quite easily replaced by OpenOffice, users will notice little difference.

However, the transition to «open» software, and the licensing process requires some time: all you need to prepare to explore a new system to select analogs commercial program, with which you work, pereuchit staff ... Checking can nagryanut unexpectedly when you do not have to ready, and ask in the division «K» look through Nedeljko you can not. What then?

Three myths on the PO

Myth first. «Check did not have the right to inspect the company premises and touch the equipment without the permission of its representatives, so when they come, all our staff simply vyklyuchat monitors and will sit folding handles, no one can do nothing». Untrue. For the inspection of company premises do not need permission niche need the presence of representatives of the company - and only (as well as the presence of witnesses). Fix every obstacle that law enforcement officers in their work (to prohibit access to the premises, etc.) can not, it will only worsen your situation. If you have any objections, you can write them in the protocol. The view that the seizure of computers necessarily need a court order - also incorrect. The computer can be confiscated as material evidence and no court authorization to do so is not required (see article 81 CCP).

Myth second. «If you boot your computer to block, setting a password in BIOS, and the inspection say that it does not remember it, they can do nothing». It makes no sense. Password in the BIOS - no obstacle for an experienced professional to circumvent it quite simply, there are many ways to do so. For example, can be found on the motherboard jumper to reset the BIOS, it is usually located next to the CMOS-battery or near the chip with an inscription Dallas or Odin. If the jumper is blocked or soldered, quite close with power off for a few seconds, a contact chip BIOS - and all the parameters together with a password reset.

Myth third. «And we zashifruem partition containing pirate software, and let suffers!» Yes, indeed, so you can create a staff of some internal problems. They will have to confiscate your computers and spend some, perhaps very long time to decrypt data. But what are you going to work all the time?

What really can I do to protect themselves when checking ON

If you have not yet come, but you are afraid of this

In the Internet offers many ways to podstrahovatsya for verification. Here are a few:

First, you can try to change the appearance of applications, disguised them under an open source software. However, a qualified specialist quickly understand what is what in fact.

Option number two. You can put on their computers as a second operating system freely distributed Linux, a section of Windows to encrypt and close with the help of hardware USB-key. When my computer without a USB-key will be loaded Linux, no signs tayascheysya deep in the bowels of Windows on the surface will not be seen. However, if the computers will be confiscated, so you do not deliver - experts still find that you have hidden.

Another way podstrahovatsya - this is before installing unlicensed software otmotat system date in such a way as to payment documents means that the system blocks purchased at a later date. Then, if you will be able to verify the claim that bought the system blocks such they are, do not set ourselves, we think that it is the way it should be. However, from confiscation and the inevitable problems that still does not deliver, and ask questions to the company that sold you the blocks, law enforcement is not being blocked.

The fourth option, the best, but a bit utopian - to distribute to all employees fleshki, each of which is all set for the work programs, and load the computers with them. A separate fleshku to withdraw the document. Then came to you with a check police found only «naked» computers. They will be very surprised, but unlikely to be able to do something. Fleshka will be the private property of a specific natural person, and it can be removed only by court order, on just that particular individual.

If you have found

In the first place to check the documents of inspection: ruling the prosecutor, all inspection certificates, passports witnesses. Write down all the data.

If police officers are being withdrawn system unit, which reportedly has unlicensed program should be drawn up a protocol, which should reflect the following facts: official, which produces the seizure, place and time of retirement, the availability of witnesses, an explanation of the participants of their rights and responsibilities as detection technologies are used and by whom; consistently described the actions of the person in charge of inspection, specialists found objects, their type and condition at the time of the inspection, seized the subject and his personal identification signs (series, model number). Seized items must be packed so that access to the information system unit was impossible without damaging the protective seals, tags, seals (together the signatures of witnesses), as recording in the record. In the same way should be executed seizure of relevant documents. The Protocol signed by all parties after consultation with the examination of the text, while they should be allowed to exercise their right to make comments or additions to the protocol.

If you're concerned that police officers, confiscating your license clean your computer, «podkinut» as anything infringing, then say so and it can measure and record data and the overall total number of files on your hard drive.

Cameras in the office may also be useful. If the check law enforcement officials, in your opinion, that is violating the law - videotape could serve as evidence of their illegal actions (articles 74 and 84 CCP).

More often than not, check the software under the written request of representatives of the right (1C, «Antivirus Kaspersky Lab», etc.) is also possible option when fired and disgruntled employee that fact «knocks» at the company, telling where and what she unlicensed available. In any case, no one would spend time and check you just so. If you have a license «clean» the likelihood that you will come to check sharply reduced.

To protect against unauthorized appearance on your computer «pirate» programs and their discovery of trouble, follow the simple principles:

1. The rights to install and remove programs should be only a system administrator, rank and file officers should not have such an opportunity, it is them to anything.

2. There is a need to monitor the process proceeds to the organization of software products from suppliers to ensure reflected in the accounting and tax accounting costs for the acquisition of intellectual property.

3. All documentation relating to the acquisition of software (license, registration cards and certificates, invoices, etc.) should be concentrated in one place. So you have nothing to lose and can quickly provide all the necessary documents are checked.

4. Sometimes stores can be found OEM versions of various programs. Yes, it is legitimate copies and sell them legitimately. But they are only for companies involved in assembling computers! OEM - it is a limited version of the license, OEM versions of programs can be installed on your computer only in the process of assembling firm, which it does. In the case of checks you have to be documented to prove that all happened this way. So do not buy CDs marked «OEM» stores available to them the program is not installed on computers purchased earlier. You just spend a large sum of money, and the result is the same as if you have something «piracy». In addition, the OEM version, you can reinstall only five times.