The term software piracy refers to the reproduction or distribution of computer programs that are protected by copyright laws, without the written consent of their creator. Although software companies apply various technological measures to their products to prevent copying or use on multiple computers, hackers (crackers) always find techniques to circumvent these measures. Using the “cracking” technique, they are able to disable the codes, keys or anything else used to protect the programs. Even without specialised knowledge to “crack” a program, they can use ready-made “crack” software, freely available on the Internet, capable of disabling the protection measures of software companies.
Watch a video describing the most common cybercrime offences:
What is software piracy
Software piracy is the theft of software programs through the unlawful copying or forgery of genuine products and the distribution of counterfeit and illegally copied products. Piracy may also describe non-systematic copying of products without a lawful licence by individuals or businesses, as well as the distribution or resale of software products. This violates one of the most important rights of the rightsholder of the program – the creator or the “commissioning party” – the right of reproduction.
Forms of software piracy
The principal forms of unlawful reproduction are the following:
1. Copying without a licence by individuals or companies – the most common type of software piracy.
2. Declaring fewer installations than the actual number in a company that holds licences for a specific number of computer users.
3. The lending of software products between friends and colleagues.
4. Forgery, that is, the unlawful reproduction and sale of software in such a way that it appears legitimate. This may include faithful imitation of the packaging and often the holograms. The increasing popularity of online commerce has also raised the likelihood that consumers will face the problem of using counterfeit products.
5. Acquiring upgrade programs without owning the base program. The licence to use the upgrade is valid only if one holds a lawful licence for the base program. Otherwise, the use of the upgrade – and of the program – is unlawful.
6. Online “downloading” of software from the internet without express authorisation. There are pirate sites on the internet offering many illegal programs, often together with unpleasant surprises…
In all these cases, the law is violated and users are exposed to significant risk. As technology evolves, even the most discerning consumers are often unable to distinguish legitimate software from counterfeit. Counterfeit software is manufactured and marketed in such a way as to resemble and compete with the authentic product.
- See also article Online Fraud
- See also article Hacking
- See also Methods of Online Attacks
- See also article Malicious Software
- See also article Online Attacks
- See also article Online Piracy
- See also article Trafficking in Pharmaceuticals
- See also article 10 Security Practices
FREQUENTLY ASKED QUESTIONS ABOUT SOFTWARE PIRACY
1. What sentence do I risk for software piracy?
The unlawful reproduction or distribution of protected software is punishable under Law 2121/1993 on intellectual property, with imprisonment of at least one year and a monetary penalty. In cases of professional commission or commercial exploitation, the penalties increase substantially. In parallel, the rightsholder may bring a civil action for damages. However, each case is judged on its specific facts: if it concerned private use, isolated copying or a misjudgement by the user, there is scope for a significant reduction. With the recognition of mitigating circumstances (Article 84 of the Penal Code (PK)), the sentence may be suspended (Article 99 PK) or converted into a monetary penalty (Article 80 PK), and alternatives such as community service are also available.
2. What should I do if I am subjected to an inspection or seizure of computers?
In the event of an on-site inspection or seizure by the authorities, it is advisable not to make any statements without a lawyer present. You have the right to remain silent and the right not to incriminate yourself. Request a copy of the seizure report and record which devices were taken. Do not delete files or programs after the inspection, as this may be construed as an attempt to conceal evidence. Your lawyer will examine the legality of the search, the existence of a prosecutor’s order and compliance with procedural safeguards, factors that may lead to the exclusion of evidence.
3. How can I avoid conviction?
The defence focuses on challenging intent (dolus), namely the knowledge and will of unlawful use. In many cases, the user did not know that the software was counterfeit, particularly when it was purchased from a third-party supplier or downloaded from an apparently legitimate link. Other lines of defence include: limitation of the offence, defects in the case file, unlawful evidence obtained from a search without a valid warrant, and challenging the IP identification. The principle of in dubio pro reo plays an important role where it cannot be proven beyond doubt that the installation was carried out by the defendant rather than by a third party with access to the computer.
4. How long does the criminal procedure last?
The total duration depends on the stage of the case and the workload of the competent court. From the filing of the criminal complaint to the preliminary investigation, several months to a year may elapse. The trial at first instance usually requires another one to two years, while any appeal adds further time. In parallel, a civil action by the rightsholder may also be pending, with its own timeline. Early intervention by a lawyer from the preliminary investigation phase often allows either dismissal of the case or an out-of-court settlement with the rightsholder, which may prevent referral to trial.
5. What documents and evidence do I need for the defence?
Any proof of software purchase, licences, supplier invoices, and correspondence with sellers should be gathered. If the installation was carried out by a technician or a third party, their testimony is useful. In a corporate environment, IT service contracts and licence-management records are crucial. Also useful is a record of the persons who had access to the computer. Your lawyer will request a copy of the case file, the technical expert report and the seizure records, in order to scrutinise the methodology used to identify the unlawful software and the chain of custody of the digital evidence.
6. What is the role of the lawyer in such cases?
The Law Firm ZIAMPARAS D. & Associates specialises in cybercrime and undertakes the defence from the very first moment. The legality of the search, the validity of the technical expert report and the existence of intent are examined. Wherever feasible, an out-of-court settlement with the copyright holder is pursued, in order to avoid referral to trial or reduce the civil claim. Before the court, the lawyer raises standalone pleas, mitigating circumstances and grounds of nullity. Experience with digital evidence enables effective challenges to the technical findings that often form the basis of the charge.