Problems of Proof of Illegal Use of Copyright for Computer Programs
Vladimir Ivshin, Artem Shmarev, Sergey Starodumov · Advances in economics, business and management research/Advances in Economics, Business and Management Research · 2021
The article deals with the problem of criminal law evaluation of the use of access to a protected copyright object imitating a computer program access key.An analysis of the mechanism of the commission of the crime and the problems of proof arising in such criminal cases is provided.These circumstances are due to the development of software used for computer operation.The need to protect the legitimate interests of their rights holders, that is, the fight against "piracy," becomes particularly urgent.First of all, these rights are regulated by copyright, but the criminal law does not ignore them.In the investigation of such criminal cases, there are difficulties in identifying copyright objects.As a method of accessing a protected copyright object, a computer program access key simulation is used.Such a method is called "crack."Can such imitation be referred to as an object of copyright when the right holder sets the access key to the computer program as an independent object of sale.The study is devoted to refuting the argument about the possibility of identifying the simulation of access to the computer program and the access key itself as the use of a single copyright object.