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Alex Leggecom2021-04-19 23:55:44
Licenses for software and other works
Alex Leggecom, 2021-04-19 23:55:44

Who is responsible for unlicensed software on a rented server?

Micro-enterprise, we rent servers to legal entities with placement on their territory. Without software, as Ubuntu OS. The contracts indicate "Server lease configuration *****#####", as well as "The tenant undertakes to use the leased equipment for personal purposes that do not violate the current legislation of the Russian Federation." Is this enough to not be responsible for possibly unlicensed software or OS on virtual machines installed by the client?

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3 answer(s)
C
cicatrix, 2021-04-20
@cicatrix

Legal issues, unfortunately, are not resolved like this, by rigid definitions. Sufficiency or insufficiency is determined by a specific judge at a specific meeting on a specific issue.
And there are a lot of variables - who ran over, with what accusation, is there a state. interest, what kind of lawyer, does the judge have a headache, does he like your physiognomy, etc.
Many people dislike lawyers because they think that they suck problems out of their fingers, however, they are guided by the principle, it’s better to be safe than to rake on claims later.
Why should I add specific language to the user agreement that the responsibility for counterfeit software, child pornography and calls to release Navalny on hard drives lies solely with your respectable clients, it costs you nothing, but in a hypothetical trial it will be unambiguously interpreted in your favor.

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Legal Adviser, 2021-04-20
@Legal2019

Who installs the software?
What exactly is for rent?
When you have an understanding of these issues, then an understanding about responsibility should also come.
You do not yet understand what you are renting out, either a chipset in the form of a working computer, or disk space for creating a virtual server.

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