Can a company that uses Win XP on computers and has lost all documents confirming the legality of use be held liable?

Question

Law in IT

For a long time I was interested in the question, let's say there is an organization in which 50 PCs for the needs of the organization were purchased a long time ago PCs with an OEM license WIN XP many years have passed all the documents are lost stickers with SN are erased, torn off or otherwise disappeared. The systems have been reinstalled many times by left-wing cantors and so on .... (Naturally not licensed). Let's assume that all 50 computers are without licensed software. I heard somewhere that in order to start a UD, the amount must exceed 50t.r - 100t.r. Microsoft stopped supporting win xp back in 2009, and in full 2014, following a simple logic, software discontinued in ~ 2009 and discontinued for a long time has no value in the Russian Federation and the States, it cannot be bought, the company does not incur losses because the software is no longer supported. It is also impossible to calculate whether the limit has been violated. Sobstenno a question whether there will be any responsibility for such firm? If there are lawyers among us, please join the question, your opinion is very interesting.

Answer 1

Microsoft stopped supporting win xp back in 2009, and in full 2014, following a simple logic, software discontinued in ~ 2009 and discontinued for a long time has no value in the Russian Federation and the States, it cannot be bought, the company does not incur losses because the software is no longer supported.

This is fundamentally wrong. Withdrawal of a product from sales and support does not change its legal status in any way. The essence of piracy is not that someone takes for free what is sold somewhere for money, but that someone violates the license agreement, this is the crime.
In the middle of the 2000s, they tried to start a UD on one of my acquaintances, when they caught him red-handed on installing windows + 1c on just one machine. And yet they would have brought it if he had not begun to cooperate with them and had not handed over to them a larger fish (the organization for which he had previously worked).
Suppose (yes, what is there to assume!) You walk on a razor's edge and have no idea how much you risk. Your office is just a gift for the OBEP.

Answer 2

First, MS licenses allow downgrade, as far as I remember.
Secondly, you must have documents for ownership of licenses for XP, Vista, Win7, 10.
I'm not a lawyer, I may be missing some subtleties, but something like that.
And the damage will be calculated for you, do not hesitate :)

Answer 3

The amount of a particularly large amount is now 250,000 rubles. Up to this amount, the case proceeds as an administrative case, the defendant may be an organization. Above - a criminal case and only an individual can be a defendant.
It is necessary to have accounting documents, stickers on computers are also desirable. The fact that there is no WinXP sales at this time will not matter, the cost will most likely be taken on request from Microsoft.

Answer 4

Can a company that uses Win XP on computers and has lost all documents confirming the legality of use be held liable?

Of course they can.

Answer 5

A sticker is a necessary thing, but not the main one. The main thing is an accounting document confirming that Rogi and Kopyty LLC on January 1 of the shaggy year paid so many rubles for such and such a number of licenses for such and such a version of Windows to such and such a supplier. Stickers just simplify the process - yes - department K leaves sad, no - leaves happy and the showdown begins. Only M$ has stickers, other offices - for example, autodesk - do not give any stickers, but its prices are great!
So there will be responsibility. How is the amount of damage calculated? It's hard to say, perhaps they will take the cost in dollars at the time of the launch of the company.