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damamaty2015-12-30 23:16:51
Copyright
damamaty, 2015-12-30 23:16:51

Law and Bagoshop?

The situation is as follows: There is some software with some proprietary license. Some attacker hacks into this software, completely renaming it (to a name he invented, for example "Bagoshop"), removing all pop-up and non-pop-up dialogs about the license and name. Moreover, it replaces some of them related to the license with free ones (GNU/MIT/BSD, etc.). Then it spreads it in a certain way and disappears in the same way. Are you, as the person who installed this software (having read the agreement and trusting the specified license), guilty? Can you further distribute this software? If not, why not? Interested in seeing this situation from the point of view of the laws of various countries, not only Russia.

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3 answer(s)
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Spetros, 2015-12-31
@Spetros

A strange question - did you decide to try yourself as a pirate?
The described situation is a violation of the license and piracy, the lawyers of the copyright holders will consider the damage and roll out a lawsuit. From the point of view of the legislation of different countries, installing and distributing software are two different things.

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Vladlen Grachev, 2015-12-31
@gwer

But the question is interesting. Suppose an attacker robbed a bank. Stolen banknotes can be identified (marked or known numbers). Under the pretext of a good mood, he can give money to a passerby. Or drop a bill somewhere, which will be found by someone. He can also pay with such a bill in the store, and there it will be given to someone as change.
The analogy, although not direct, is still there. It seems that there is a presumption of innocence, and the fact that you have a stolen bill does not mean that you are in cahoots with an attacker. But sometimes this crap happens with copyright and patent rights ... You don’t know what to expect in a world where you can be accused of violating the law for buying cheap tickets .

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386DX, 2015-12-31
@386DX

Are you, as the person who installed this software (having read the agreement and trusting the specified license), guilty?

In civil law, unlike criminal law, it is not necessary to be guilty in order to pay a fine. Read about cases of liability without fault.
In the case of Bogoshop, there are principles of good faith and fair business practices.
A judge in civil law will not wait for any expertise and mathematically correct evidence, she will simply write in the decision "In violation of the principles of good faith and fair business practice, the defendant did not verify the legality of using the software and its licenses" and on the basis of this will make him pay.

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