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deepin2019-07-31 06:40:32
Law in IT
deepin, 2019-07-31 06:40:32

Is it possible to counterclaim the software developer?

If a developer accuses an enterprise, for example, of using pirated software on the basis of some data that this software sends to it, can the developer be accused of industrial espionage? :)

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4 answer(s)
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DevMan, 2019-07-31
@deepin

industrial espionage involves the extraction of profit, direct or indirect, based on the data obtained.
based on some data related only to your software - this is analytics, and this should be written in eula / license / etc.
but in essence - in the realities of the post-sovka, you can sue for anything; the verdict depends only on the degree of coolness of the eggs and the wallet, yours and your opponent.

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tutuborg, 2019-08-04
@tutuborg

Is it possible to accuse the developer of industrial espionage? :)

if he sends some documents from the "desktop" - yes, of course.
if his own program reports illegal use of it - this is not industrial espionage.

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IT_S_M, 2019-07-31
@IT_S_M

in the use of pirated software based on some data that this software sends to him
Pirated software developer wants to sue. Hmm .... This is from the series a thief stole a hat from a thief? Moreover, they solve the problem through the courts ..
However
in the realities of postovka
could be anything.

C
CityCat4, 2019-07-31
@CityCat4

Can a developer be accused of industrial espionage?

Only if it is proved that the information was obtained in violation of the law. That is, for example, the telemetry of Windows, Autodesk and other such programs is not a violation of the law, because the user, somewhere in the wilds of the EULA, never read by anyone, agrees to send telemetry data. But the hidden module, about which nothing is said anywhere, but which sends the same thing (and even less) - may well turn out to be a violation of the law.
But in reality, almost anything can happen. You order an examination (it is paid), he orders an examination (also not for nothing), you hire a lawyer, he hires a lawyer ... With an approximately equal ratio of financial opportunities, the more motivated one will win. With a ratio like "Vasya Pupkin vs Microsoft" - I think you understand that you have no chance :)

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