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Interpretations of legal provisions
In accordance with the Penal Code and the Copyright Law and related laws, copying and the use of copied computer programs without agreement of the manufacturer is forbidden. In addition, copying or entry of illegal computer programs is a crime according to the penal code.
Penal codes, like civil codes, specify sanctions threatening disclosure of such procedures. Detection of illegal software in company computers threatens persons responsible for it with:
Detection of illegal software in the company carries with it, apart from the above-mentioned sanctions, financial complications and connected burdens on the company budget. The financial penalty is a great expense, up to several hundred thousand zlotys, many times exceeding the value of the actual programs.
In the case of detection in the company during an inspection of illegal programs, computers on which illegal copies are found can be seized for the purpose of their protection as evidence. Some companies in which illegal copies of programs are found are forced to suspend activities, because they lose their basic working tools. Cessation of services to customers can mean irrevocable losses for the company.
In virtue of civil liability the company bears responsibility for activities undertaken by its workers. Personal liability, both penal and disciplinary, and sometimes civil, for crimes in contravention of software copyrights, can be placed directly on managers - company owners, board members, managers of companies and network administrators.
It is worth emphasizing that the Penal Code also recognizes unintentional acts as crime. For example, receiving stolen computer programs is also committed in the case of acquiring illegal software when the person acquiring it can and should suppose on the basis of the circumstances that the program is illegal. The person will be held responsible, even if there is no intention to commit a crime.
In compliance with art. 79 of the copyright law, the software company whose program's copyrights are infringed can demand from the guilty company:
On top of that, the software company also has the right to demand from the company delivery of a specified amount to the Fund for the Promotion of Creation. This amount cannot be lower than twice the value of the advantage gained by the infringement, that is to say at least the amount saved by not buying legal programs.
- fines,
- limitation or deprivation of liberty for 3 months to 5 years,
- confiscation of the tools of the crime (computers, servers).
Detection of illegal software in the company carries with it, apart from the above-mentioned sanctions, financial complications and connected burdens on the company budget. The financial penalty is a great expense, up to several hundred thousand zlotys, many times exceeding the value of the actual programs.
In the case of detection in the company during an inspection of illegal programs, computers on which illegal copies are found can be seized for the purpose of their protection as evidence. Some companies in which illegal copies of programs are found are forced to suspend activities, because they lose their basic working tools. Cessation of services to customers can mean irrevocable losses for the company.
In virtue of civil liability the company bears responsibility for activities undertaken by its workers. Personal liability, both penal and disciplinary, and sometimes civil, for crimes in contravention of software copyrights, can be placed directly on managers - company owners, board members, managers of companies and network administrators.
It is worth emphasizing that the Penal Code also recognizes unintentional acts as crime. For example, receiving stolen computer programs is also committed in the case of acquiring illegal software when the person acquiring it can and should suppose on the basis of the circumstances that the program is illegal. The person will be held responsible, even if there is no intention to commit a crime.
In compliance with art. 79 of the copyright law, the software company whose program's copyrights are infringed can demand from the guilty company:
- in cases of involuntary piracy, double the value of the licence free, which the company would have had to pay the manufacturer for the legal product,
- in cases of voluntary piracy, three times the value.
On top of that, the software company also has the right to demand from the company delivery of a specified amount to the Fund for the Promotion of Creation. This amount cannot be lower than twice the value of the advantage gained by the infringement, that is to say at least the amount saved by not buying legal programs.