Using pirates software
Querist :
Anonymous
(Querist) 28 September 2011
This query is : Resolved
If any one has using embriordiory pirated software , what are the rules and regulations as per law ,and who can penalise or punish him,software company or government.
Guest
(Expert) 28 September 2011
The question arises, in the case of pirated software, who would be aggrieved party, the company, whose software is being misused, or the Government?
Sankaranarayanan
(Expert) 28 September 2011
as simple as that user of pirates software and those who helped for the same also punishable under IPR act , the heavy punishment and fines for infringement of copyright of software.
Querist :
Anonymous
(Querist) 28 September 2011
who can fine. company has right to fine that person who uses pirated software or they can file the case against him ..and fine will be paid in court ..because sometime people who comes to penalise does not belong to company.(fake people)
Guest
(Expert) 28 September 2011
Dear Anonymous,
Neither the company, itself, nor the Government (IT department of Govt.) can punish the pirate. Even the company cannot make a raid at the premises of the user without being associated by a police party.
Only the competent court can award any penalty, that too after the formal complaint is lodged, investigation is made by the law enforcement agencies and the offence is proved beyond doubt against the user of the pirated s/w during the trial process.
Advocate M.Bhadra
(Expert) 28 September 2011
Victim company can lodge a complaint to the Cyber Crime Branch of the Police, according to u/sec.65 of the Information Technology Act.then after investigation police may arrest the accused persons and to produced before the Court within the jurisdiction.
Sailesh Kumar Shah
(Expert) 28 September 2011
I endorse the opinions of Shri Dhingra Sir. No Scope to differ.
prabhakar singh
(Expert) 29 September 2011
A compliant would be required to be lodged by
the victim company,which shall be investigated and accordingly be tried for by the court to terminate in victims favor or in favor of offender accused depending upon proof or disproof of charges tried upon .
However in addition to criminal remedy,the aggrieved do have remedy of damages caused by civil suit also.
