Denis Kuzmichev noted that fraudsters and pirates have always existed: "Not long ago, there were cases in the media with the exclusion of software products from the register of domestic software precisely for copyright infringement: the violator took free software, added his logo and issued it entirely as a commercial product. Of course, there are violations, and their number can be reduced rather by a competent educational policy than by additional laws. In the era of web projects, it is extremely difficult to identify and prove plagiarism of software filling that is hidden deep on a remote server."
encountered outright theft afghanistan whatsapp number database of their product: "An unscrupulous administrator posted it on the site and sold it in his own name. Everything was resolved quite simply, in a pre-trial claim procedure. Similar incidents have never been repeated in our practice."
Pavel Katkov, founder of the law firm Future Legal, said that the punishment for violating rights to FOSS is no different from the punishment for violating rights to regular software and, in general, to works that are objects of copyright: "This is up to six years of imprisonment under Article 146 of the Criminal Code of the Russian Federation, up to 5 million rubles for each case of violation under Article 1301 of the Civil Code of the Russian Federation, Part 4, as well as many other norms at the level of civil, administrative, criminal law and industry laws, similar to the anti-piracy law No. 187-FZ. The law does not provide for any special measures of responsibility specifically for FOSS, the listed norms are more than enough."
Mikhail German, an adviser to the law firm Impravo, believes that, on the one hand, control over FOSS is necessary: "But creating a whole division of the Ministry of Digital Development for it, in my opinion, is the path to yet another bloat of the state apparatus. This initiative could lead to a hidden monopolization of the FOSS market, where many interesting promising products will either never see the light of day or will be sold, and not always to large Russian IT companies. A similar situation actually exists in the medical products market. The creation of a free FOSS registry and free registration of products in it in a simplified manner also made it possible to achieve this goal, while directly based on the Ministry of Digital Development, but without creating a separate structure. Speaking about liability, we should most likely expect administrative punishment and options for civil liability in the form of compensation and fines."
Denis Kuzmichev said that in 2016 his company
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