Problems of Proof of Illegal Use of Copyright for Computer Programs

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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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  -