I see many customers today are afraid to spend money to buy copyrighted software, instead, they install it themselves or go to other stores to ask an expert to install crack software (jailbroken software). This is the sale of pirated software and it affects genuine business people like me. I don’t know if this is an illegal business and how the law prescribes penalties? So, to answer those questions, we invite you to read with Lawyer X to find out through the article “Is it illegal to use cracked electronic software?” The following.
Legal grounds
– Penal Code 2015 was amended and supplemented in 2017
– Intellectual Property Law
What is Crack?
Crack is a program which used to crack copyrighted software so that users can use all the functions of that software without having to pay a license fee.
What are the benefits of Crack?
– First, the crack will help you to be able to use the full functions of the software without limitation; Because some software you have to pay to buy to have the right to use its utilities.
– Once you have the crack file, you can run the software comfortably without fear of being by the vendor. worth tens of dollars, even 100 dollars.
What is the harm of crack?
As you know the crack file has certain benefits. For those of you who have a limited economy and want to use copyrighted software, the crack can still use it. However, there are also some harmful effects that they bring such as:
– Using a crack file means that you have violated the copyright of the software manufacturer. If you are in a foreign country, you may end up in jail.
– The next harm is the possibility that your computer will infect with a virus; because the crack file itself is a virus file; you are not sure if when the hacker created the crack file they included the virus.
– Also, when any software is cracked, it will lead to a decrease in the creativity of those who program that software.
In business, many times free the small but bring unexpected profits.
Is it illegal to use cracked electronic software?
Using illegal software or “cracking” is illegal under the 2005 Intellectual Property Law.
Article 211 of the Law on Intellectual Property provides that acts of infringing upon intellectual property rights shall be administratively sanctioned as follows:
1) Committing acts of infringing upon intellectual property rights causing damage to consumers or society;
2) Failing to terminate an act of infringing upon intellectual property rights even though the intellectual property right holder has notified in writing of a request to terminate such act;
3) Producing, importing, transporting, and trading in intellectual property counterfeit goods as prescribed in Article 213 of this Law; or assigning others to perform this act;
4) Producing, importing, transporting, or trading in objects bearing the same trademark or geographical indication; or confusingly similar to a trademark; geographical indications that protected or assigned to others to perform this action.
The Government shall specify acts of infringing upon intellectual property rights subject to administrative sanctions; forms, levels of fines, and procedures for sanctioning such acts.
Organizations and individuals that perform acts of unfair competition on intellectual property shall; be administratively sanctioned according to the provisions of the law on competition.
Using cracked electronic software may be subject to criminal prosecution
If an individual commits an act of infringing upon intellectual property rights with elements constituting a crime, he/she shall examine for penal liability by the criminal law (Article 212 – Law on Intellectual Property).
In Article 225 of the Penal Code 2015 as amended by Point a, Clause 52, Article 1 of the Law amending the Penal Code 2017, as follows:
– Who is not authorized by the copyright holder; related rights and intentionally commits one of the following acts, infringing upon copyright; related rights are being protected in Vietnam on a commercial scale, or gain illicit profits from VND 50,000,000 to under VND 300,000,000, or cause damage to the copyright or related right holder from VND 100,000,000 to under VND 500,000,000, or infringing goods valued at between VND 100,000,000 and under VND 500,000,000; shall be subject to a fine of between VND 50,000,000 and 300,000,000 or non-custodial reform for up to 03 years:
+ Copying works, sound recordings, and video recordings;
+ Then, distributing to the public copies of works, copies of phonograms, copies of video recordings
Committing the crime in one of the following circumstances, the offenders shall be subject to a fine of between VND 300,000,000 and 1,000,000,000 or a prison term of between 06 months and 03 years:
+ Organized;
+ Committing the crime twice or more;
+ Gaining illegal profits of 300,000,000 VND or more;
Etc
See more
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Operating principles of credit information service provision in Vietnam
Frequently asked questions
Crack includes the following types:
Serial
Patch
Loader
Reg File
Key File
In some cases, you can use crack software to use the free and full features of certain software. If you are a student, a student and have a need to use copyrighted software to study without having to pay for it, you can use crack versions, but if you are a business or organization, you should not use it because You may be subject to penalties under intellectual property laws when you violate them.
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