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Do I have the right to prevent the work of sites that use the CMS I created illegally?
The bottom line is this: I developed an expensive CMS. It was purchased by a certain user for mass resale at a price ten times lower. Currently, in many forums there are offers to purchase this CMS from different sellers (again, repurchase-resale, etc.). Real, full-scale illegal use of CMS on a serious project has not yet been noticed; however, everywhere there are links to various demo sites (that is, so far, the use of CMS has the character of a school game of "admin" and "hunting").
At the CMS development stage, I incorporated certain technical capabilities into it to prevent the work of unlicensed demo sites (which I do every day).
Question: Am I allowed to do this? Who has more priority before the law - illegal distributors of CMS or its developer, preventing its distribution?
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Part one, the good one
1. Go to a lawyer and get the right license in which you grant the right to use your product. Strictly prohibit modification of the CMS code by anyone but you. Reserve the right to modify the code remotely, at any time without prior notice. Reserve the right to revoke or change licenses without notice or explanation. Prohibit resale. In the license, add a clause about section 273 that the actions to modify the site code are authorized and an integral part of the product.
2. Implement and test the automatic licensing mechanism via the Internet. Hang up the license agreement on the official website of the product.
3. Send out a "letter of happiness" to all unlicensed users, in which you clearly explain that their copy is not licensed, etc. I recommend that you allow your CMS to be used for non-profit organizations and ad-free homepages if you have a link to the product site. Offer a free upgrade for non-commercial users.
1. After the introduction of a new license, but before notifying everyone with letters of happiness, remotely sew up a code that will display an html comment that this copy does not have a license, etc. etc. There should also be a link to your site where you can license the product. This step will not interfere with the work with the site.
2. Send out chain letters.
3. Wait for the deadline for companies to license their versions.
4. Together with a lawyer, choose a company against which you will sue for unlicensed use of your CMS and against which you will definitely win the case. Sue. Win. Next, on the project website, you post official information about the trial and the decision in favor of the plaintiff. You make the story public, publish it on all sorts of Sparks / Habrakh / Zuckerbergs and other resources.
5. After a month, send out new letters of happiness with a notification about what happens to those who refused. Please provide a link to the outcome of the investigation.
Plus, you can post a list of sites where your CMS is illegally used.
Work and talk exclusively with companies that directly earn money through your CMS and for which the site is really important. Do not waste time on schoolchildren, gamers and garbage. The skin is not worth the hassle.
For all sorts of bad people who are nothing of themselves and write obscenities to you in response, turn on 404 for search robots. They will scold you very loudly on the forums. Never mind.
Their actions fall under the Criminal Code 146 147 .
Your actions fall under CC 273 .
In the rule of law - NOBODY.
In the chicken coop - the one who sits on the perch above.
> At the development stage of the CMS, I incorporated certain technical capabilities into it to prevent the work of unlicensed demo sites
Eco you wrapped: "certain technical capabilities to prevent" - yes, you need to write laws! Do you mean "backdoors"?
Then I recommend taking into account the case of Magadan proprietary programmer Vyacheslav Zhukov.
It was purchased by a user for bulk resale.
Don't worry, just make a product.
No person who can buy it and wants to use it will go to the pirates, he will go to you.
You don't have to break the law.
The practice is that the damage is paid. But there will still be running around, and while the issue is being resolved, they can rewrite the code, all this time.
There is information such that in general the court itself is not legal (that is, the court has no right to judge at all) :) And now draw your own conclusions.
Roughly speaking, ideally, there should be a candy in a wrapper, but in the end there is only candy. And option 3 may be that in fact there was no candy in the wrapper.
Sell not a product, but a subscription. Implement some of the modules on your servers.
The short answer is - you have every right, but only by legal means.
The key phrase is "allowing to prevent the work of unlicensed demo sites (which I do every day)."
If by your actions you cause damage: the matter is under jurisdiction.
But if the damage in this situation will be caused as a result of your inaction or without your participation: you are clean before the law.
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