Lost USB dongle. Is it legal to demand to buy the whole program again?

Question

Copyright

The situation is this - there is a beloved 1C by everyone. Purchased server kits + 20 user licenses from a distributor. USB keys as unnecessary have long been lost in the process of moving. Of the documents, there are only invoices confirming the fact of purchase.

So: a server key was required (for a linux server). They refused to restore it, they say, buy everything again. I'm interested in the legality of this requirement, because I don't understand why, in the presence of documents confirming my right to own the program, I have to buy it again. Legality is of interest only in relation to the Civil Code of the Russian Federation, the license agreement does not bother me even once.

In addition, the question of the legality of hacking the protection in order to wean the program from the keys is not entirely clear. Strictly speaking, we use a licensed copy, which is confirmed by payment documents. No cards, let alone keys in a computer or in a table, are clearly required to confirm the legality.

I read a lot on the Internet on this subject. But everything is speculation. And it is precisely the specific consideration of the problem within the framework of the current Civil Code that is of interest.

Answer 1

Here you would not consult on Habré, but really go to a lawyer. Consultation 1000 rub. Or involve the lawyers of your office, if any. In theory, the Civil Code of the Russian Federation should be on your side, but you need to look at the documents. Maybe they have software in 1C according to documents - this is a flash card. And there with the sale of software, as far as I remember, there were nuances.
To give an analogy, you bought a car and damaged it. There are purchase documents, but you still have to buy a new one. This is where a lawyer can help.

Answer 2

Heh, in Russia and about legality :))) bugaga ... 6)
Theoretically, modification of the code of the purchased program is directly allowed in the Civil Code, I don’t remember the article ... The
question is how easy it will be to prove this to the inspectors who will visit you, without the presence of a key ...

Answer 3

if you do not have an agreement that spells out the obligations of the parties, it is pointless to prove anything

Answer 4

This is what my wife told me, who at one time worked for several years in the sales department of one of the 1C franchisees.

if a person has already hacked 1C in order not to use the key, then he is already a criminal:
“The fact is that, in accordance with the latest changes in the law, “hacking” of such means of protection (even if the original software product is purchased) is equated with copyright infringement ( Article 48-1 of the Law of the Russian Federation “On Copyright and Related Rights” and Article 272 of the Criminal Code of the Russian Federation “Illegal Access to Computer Information Protected by Law”).”

If the key is lost, do they have the right to demand to buy again?

if they write that the proof of the authenticity of their product is also a key, then the absence of this key without hard evidence (such as theft with confirmation of its certificate from the police, or a fire with intentional arson (the same certificate from the police)) speaks from lack of rights to use the program. and if the registration card can be restored, then no one will restore the key without a certificate from the police.

Answer 5

In addition, the question of the legality of hacking the protection in order to wean the program from the keys is not entirely clear. Strictly speaking - we use a licensed copy

Offhand:

Article 1280. Free reproduction of computer programs and databases. Decompilation of computer programs
1. A person lawfully in possession of a copy of a computer program or a copy of a database (user) has the right, without the permission of the author or other right holder and without paying additional remuneration:
1) to make changes to the computer program or database solely for the purpose of their functioning on the technical means of the user and to carry out the actions necessary for the functioning of such a program or database in accordance with their purpose, including recording and storing in the memory of a computer (one computer or one network user), as well as correcting obvious errors, if otherwise not provided for by an agreement with the copyright holder;

True, the last phrase is rather slippery, so only a lawyer can tell you something definite.
Go to the yurkontor, as Iforgot already advised .

Answer 6

Hacking the platform - put an end to the possibility of returning the key to you, without a purchase.
1c - owners who dictate their rules as they want.