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Iegan Amadeus2020-09-15 18:06:47
Copyright
Iegan Amadeus, 2020-09-15 18:06:47

Empty agreement, can I use it for commercial purposes?

Good time gentlemen. If the license agreement does not specify the terms of use, for commercial non-commercial, etc. Can it be used for profit?
For example, the author wrote in the agreement - "The one who installs this software is a radish !!!" and nothing more. I will install this software myself in the company, since he did not indicate anything, everything seems to be fine. But such agreements cannot be considered valid. And since it is not valid, it means that there was no transfer of rights. So its use is not legal, because the agreement "You are a radish" is not valid ...
Help me figure it out, I'm confused.

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5 answer(s)
R
Rsa97, 2020-09-15
@Rsa97

Under Russian copyright law, any rights to use the Software that are not expressly granted to you by law or a license agreement (agreement) are not given to you at all.

C
CityCat4, 2020-09-15
@CityCat4

The license agreement is not the only title document in the matter of licensing. There is the Civil Code of the Russian Federation, chapter 70 "Copyright" , it is worth studying ...

D
Dmitry, 2020-09-15
@dimaxp35

If you do not have a license with a specific list of rights assigned to you, then the use of this software will be an infringement of intellectual property rights with appropriate liability.
What you are talking about is a "Box License", it is valid and gives you the rights that are specified in it. If this license is empty, then you have no rights.

L
Legal Adviser, 2020-09-15
@Legal2019

On the territory of the Russian Federation and in many EU countries, it operates approximately the same:

Article 1227. Intellectual Rights and Property Rights (as amended
by Federal Law No. 35-FZ of March 12, 2014 ) , which expresses the corresponding result of intellectual activity or a means of individualization. (as amended by Federal Law No. 35-FZ of March 12, 2014) ( see the text in the previous edition) , except for the case provided for in paragraph two of paragraph 1 of Article 1291 of this Code.
(as amended by Federal Law No. 35-FZ of March 12, 2014)
(see the text in the previous edition)
3. The provisions of Section II of this Code shall not apply to intellectual property rights, unless otherwise established by the rules of this Section.
Article 1229. Exclusive Right
1. A citizen or a legal entity that has the exclusive right to the result of intellectual activity or to a means of individualization (right holder) has the right to use such a result or such means at his own discretion in any way that does not contradict the law. The right holder may dispose of the exclusive right to the result of intellectual activity or to a means of individualization (Article 1233), unless otherwise provided by this Code.
The right holder may, at its discretion, allow or prohibit other persons from using the result of intellectual activity or means of individualization. The absence of a prohibition is not considered consent (permission).
Other persons may not use the corresponding result of intellectual activity or means of individualization without the consent of the right holder, except for the cases provided for by this Code. The use of the result of intellectual activity or means of individualization (including their use in the ways provided for by this Code), if such use is carried out without the consent of the right holder, is illegal and entails liability established by this Code, other laws, except for cases when the use of the result of intellectual activity or means of individualization by persons other than the right holder, without his consent, is allowed by this Code.
2. The exclusive right to the result of intellectual activity or to a means of individualization (except for the exclusive right to a company name) may belong to one person or several persons jointly.
3. In the event that the exclusive right to the result of intellectual activity or to a means of individualization belongs to several persons jointly, each of the right holders may use such result or such means at their own discretion, unless otherwise provided by this Code or an agreement between the right holders. The relationship of persons to whom the exclusive right belongs jointly shall be determined by an agreement between them.
The disposal of the exclusive right to the result of intellectual activity or to a means of individualization is carried out by the right holders jointly, unless otherwise provided by this Code or an agreement between the right holders.
Income from the joint use of the result of intellectual activity or means of individualization or from the joint disposal of the exclusive right to such a result or to such means shall be distributed among all right holders in equal shares, unless otherwise provided by an agreement between them.
Each of the right holders has the right to independently take measures to protect their rights to the result of intellectual activity or to a means of individualization.
(Clause 3 as amended by Federal Law No. 35-FZ of March 12, 2014)
(see the text in the previous wording)
4. In the cases provided for by paragraph 3 of Article 1454, paragraph 2 of Article 1466 and paragraph 2 of Article 1518 of this Code, independent exclusive rights to the same result of intellectual activity or to the same means of individualization may belong to different persons at the same time.
(Clause 4 as amended by Federal Law No. 35-FZ of March 12, 2014) (
see the text in the previous edition)
activity is allowed without the consent of the right holders, but with the preservation of their right to remuneration, are established by this Code.
At the same time, restrictions on exclusive rights to works of science, literature and art, objects of related rights, inventions and industrial designs, trademarks are established in compliance with the conditions provided for in paragraphs three, four and five of this paragraph.
Restrictions on exclusive rights to works of science, literature or art or to objects of related rights are established in certain special cases, provided that such restrictions do not contradict the normal use of works or objects of related rights and do not unreasonably infringe on the legitimate interests of right holders.
Restrictions on exclusive rights to inventions or industrial designs are established in individual cases, provided that such restrictions do not unreasonably contradict the normal use of inventions or industrial designs and, taking into account the legitimate interests of third parties, do not unreasonably prejudice the legitimate interests of right holders.
Restrictions on exclusive rights to trademarks are established in individual cases, provided that such restrictions take into account the legitimate interests of right holders and third parties.
(Clause 5 as amended by Federal Law No. 259-FZ of 04.10.2010)
(see the text in the previous edition)
Article 1230. Validity of exclusive rights
1. Exclusive rights to the results of intellectual activity and means of individualization are valid for a certain period, except for the cases provided for by this Code.
2. The duration of the period of validity of the exclusive right to the result of intellectual activity or to the means of individualization, the procedure for calculating this period, the grounds and procedure for its extension, as well as the grounds and procedure for terminating the exclusive right before the expiration of the period, are established by this Code.

Sorry, gentlemen and gentlemen, but I'm too lazy to write something further ...
The answer is short:
If the license agreement does not specify the terms of use, for commercial non-commercial, etc.

- use as you wish. All disputes are resolved in court. Courts are not frequent with such cases.
But such agreements cannot be considered valid.

- can.
Added ...
... otherwise suddenly someone will write again that it says here what is impossible ....
Exceptions to the rules (you can when it seems like it’s impossible):
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5f61b1e4317af180823399.jpeg

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