Proceedings of the 1st International Scientific Conference "Legal Regulation of the Digital Economy and Digital Relations: Problems and Prospects of Development" (LARDER 2020)

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Problems of Proof of Illegal Use of Copyright for Computer Programs

Authors
Vladimir Ivshin, Artem Shmarev, Sergey Starodumov
Corresponding Author
Vladimir Ivshin
Available Online 18 March 2021.
DOI
10.2991/aebmr.k.210318.025How to use a DOI?
Keywords
Cybercrimes, harmful software, information security, malware, computer virus
Abstract

The article deals with the problem of criminal law evaluation of the use of access to a protected copyright object imitating a computer program access key. An analysis of the mechanism of the commission of the crime and the problems of proof arising in such criminal cases is provided. These circumstances are due to the development of software used for computer operation. The need to protect the legitimate interests of their rights holders, that is, the fight against “piracy,” becomes particularly urgent. First of all, these rights are regulated by copyright, but the criminal law does not ignore them. In the investigation of such criminal cases, there are difficulties in identifying copyright objects. As a method of accessing a protected copyright object, a computer program access key simulation is used. Such a method is called “crack.” Can such imitation be referred to as an object of copyright when the right holder sets the access key to the computer program as an independent object of sale. The study is devoted to refuting the argument about the possibility of identifying the simulation of access to the computer program and the access key itself as the use of a single copyright object.

Copyright
© 2021, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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Volume Title
Proceedings of the 1st International Scientific Conference "Legal Regulation of the Digital Economy and Digital Relations: Problems and Prospects of Development" (LARDER 2020)
Series
Advances in Economics, Business and Management Research
Publication Date
18 March 2021
ISBN
10.2991/aebmr.k.210318.025
ISSN
2352-5428
DOI
10.2991/aebmr.k.210318.025How to use a DOI?
Copyright
© 2021, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Cite this article

risenwbib
TY  - CONF
AU  - Vladimir Ivshin
AU  - Artem Shmarev
AU  - Sergey Starodumov
PY  - 2021
DA  - 2021/03/18
TI  - Problems of Proof of Illegal Use of Copyright for Computer Programs
BT  - Proceedings of the 1st International Scientific Conference "Legal Regulation of the Digital Economy and Digital Relations: Problems and Prospects of Development" (LARDER 2020)
PB  - Atlantis Press
SP  - 159
EP  - 163
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.210318.025
DO  - 10.2991/aebmr.k.210318.025
ID  - Ivshin2021
ER  -