Software License and Copyright

Laws Against Unlicensed Software Usage, Reproduction, and Sale

Computer programs are protected under Law No. 5846 on Intellectual and Artistic Works in Turkey, as amended by Law No. 4110 which came into force on June 12, 1995. With the latest amendments dated March 24, 2004, the scope of the Law on Intellectual and Artistic Works was expanded and penalties were increased to serve as a deterrent.

Additionally, computer software is protected under Articles 243 and 244 of the New Turkish Penal Code, enacted in 2004 under "Cybercrime", with penalties of up to 3 years that cannot be converted to alternative sanctions.

The reproduction, distribution, transfer, and commercialization of unlicensed software constitutes an act and offense of unfair competition under the New Turkish Commercial Code No. 6102 adopted in 2011, and also constitutes a trademark offense under the Decree Law on the Protection of Trademarks. If the sale of unlicensed software is determined by a court decision, buyers and sellers will face "tax evasion" charges and penalties under tax law.

What Are the Sanctions?

• Up to 6 years imprisonment and up to 150,000 TL in heavy fines
• Sealing, confiscation, and destruction of unlicensed software, computers, and technical systems
• Temporary closure of the workplace
• Professional and commercial ban for 6 months to 3 years
• Publication of court decision in high-circulation newspapers
• High amounts of compensation that can be claimed separately for each software

Who is Responsible Before the Law?

Computer Users

Computer users are considered to have committed a crime under the law by using unlicensed software, knowingly or unknowingly. In this case, the law applies to both the employer and the employee. Employers are responsible under the law if their employees use or possess unlicensed software, even if they are unaware of it. Managers who fail to prevent this crime from being committed are punished as if they themselves committed the crime.

Organizations

Employers and managers are responsible under the law if employees use or possess unlicensed software, even if they are unaware of it. Managers who fail to prevent this crime from being committed are punished as if they themselves committed the crime.

Unlicensed Software Sellers

The law also imposes heavy sanctions on companies that reproduce, distribute, and sell unlicensed software in any form. Companies that load unlicensed software onto computers and sell or distribute them can be punished for serious crimes such as fraud.

What Are Your Responsibilities as a User?

As a software user, your first responsibility is to know and verify whether you are purchasing the program from an authorized dealer. If you are not obtaining the program from an authorized dealer, your program is not within the scope of the original product.

Without the written permission of the original software, it is illegal to install a single original copy of software on more than one computer, lend, copy, or distribute the software.

As a software user, your first responsibility is to use licensed/original software. You must not share the password, username, and other transmission or communication information of the software you are using with third parties. You must not allow another third party to use the software that belongs to you.

All software users should remember that the benefit obtained from using unlicensed software will never exceed the legal costs they cannot afford.

Legal Information Regarding DigiPilPass® Software Copyright

This software, pursuant to Law No. 4110 "Law on the Amendment of Certain Articles of the Law on Intellectual and Artistic Works" published in the Official Gazette dated 12.06.1995 and numbered 22311, and within the scope of the legal protection of software products, the sanction limits were further expanded and penalties were increased with the amendments made to the Law on Intellectual and Artistic Works by Law No. 4630 dated 21.02.2001.

Acts Constituting Criminal Offense Against DigiPilPass®

1. Those who use unlicensed copy software (LIAA)
2. Those who sell unlicensed copy software (LIAA)
3. Those who possess unlicensed copy software for commercial purposes, distribute free of charge, or rent (LIAA)
4. Those who reproduce the software they have the legal right to use more than the license allows, rent, sell, distribute these copies, or give them to others with or without charge, or otherwise violate the license agreement (LIAA)
5. Those who put their own name on software without the permission of the license holder (LIAA)
6. Those who present someone else's software as their own (LIAA)
7. Those who modify software without the permission of the owner (LIAA)
8. Those who subject software to a transaction without the permission of the rights holder (LIAA)
9. Those who remove or invalidate the protection system (password, etc.) of licensed software, possess or distribute technical tools used for this purpose (LIAA)
10. Those who unlawfully obtain programs, data, or other elements in computer systems (Turkish Penal Code-TPC)
11. During piracy acts, trademark and trade name rights and tax legislation are also violated (Turkish Commercial Code, Trademark Law, Decree Law on Protection of Trademarks, Tax Laws)

Perpetrators of the Crime

1. Those who commit the above crimes knowingly or negligently
2. Those who participate in the crime in any way
3. Employers and managers, even if they are unaware of the situation, if personnel under their management use unlicensed software
4. Personnel using unlicensed software with the knowledge of the employer
5. In crimes committed within the company, the company's legal entity is subject to expenses and fines, and offenders are punished according to the type of crime they commit

Penalties

1. According to LIAA; depending on the type of crime committed, imprisonment from 2 to 6 years and heavy fines from 50,000 TL to 150,000 TL
2. According to LIAA; if software is found within this scope during the investigation, this software is collected, computers and other technical tools are "sealed", the workplace is closed. At the end of the trial, both the software and computers are confiscated and destroyed
3. According to LIAA; the court decision is announced in high-circulation newspapers at the expense of the perpetrators, and the crime and perpetrators are brought to public attention
4. According to TPC; punished with imprisonment from 1 to 3 years
5. According to TPC; professional and commercial ban from 6 months to 3 years is imposed
6. According to Tax Laws; those who benefit from criminal acts are also subject to tax penalties including fines and imprisonment for tax evasion
7. According to TCC; punished with imprisonment of up to 1 year
8. According to Trademark Law and Decree Law on Protection of Trademarks; punished with heavy fines up to 7,300 TL and also banned from profession and trade for not less than 1 year
9. They also have to pay serious compensation in compensation lawsuits

Information About Software License

What is Unlicensed Software Usage?

Unlicensed Software Usage covers the unauthorized copying, reproduction, distribution, commercialization, use, or production of software products protected by copyright laws in Turkey and international copyright agreements. Every person who uses unlicensed software is punished under the Law on Intellectual and Artistic Works (LIAA) based on copyright theft and becomes subject to criminal and compensation sanctions.

What is a Software License Agreement?

A software license agreement refers to the terms of use permitted by the author regarding a specific software product. The license agreement contains usage rights and restrictions. The most important thing to know is that all software users can only prove that they are legal users with the original copy of the program, the invoice, and the license agreement.

What is Unauthorized Copying?

Licensed software owners can only create one backup copy in case their original disks are damaged. Other copies of original software that have been reproduced in any way are classified as unauthorized copies. This behavior constitutes a violation of the Law on Intellectual and Artistic Works (LIAA) and the license agreement that protects the software and usage rights.

What Are the Benefits of Using Original Software?

• Opportunity to upgrade to new major versions at reasonable prices
• Necessary user manuals
• Training opportunities
• Technical support
• Fully functioning software features
• Quality assurance
• Protection against virus risks
• Legal compliance

What Are the Harms of Using Unlicensed Software?

• Inability to provide technical support
• Incomplete and faulty functioning of features
• Loss of quality and reliability
• Inability to protect against viruses
• Exposure to legal sanctions

What Actions Fall Under Unlicensed Software Usage?

End User Copying

Copying software for use by many employees other than the licensed user within a workplace. Disk exchange between friends outside the work environment is also included in this category.

Hard Disk Loading

Computer companies loading software they do not have the right to license or sell onto the hard disks of computers they sell, with or without charge, to attract customers.

Unauthorized, Illegal Reproduction, Distribution, Sale, Transfer, Forgery of Software

Producing copyrighted software through illegal means on physical media such as diskettes, CD/DVD-ROMs, or through various methods (package, logo, hologram, etc. counterfeiting).

Simultaneous Use

The use of software that the end user has licensed for their own use only on more than one computer at the same time or at different times.

Electronic Media Copying - BBS (Bulletin Board System) Copying

Unauthorized copying of copyrighted software by users connecting to a common or semi-private electronic bulletin board via modem, using various methods in the internet environment or other electronic environments connected via modem.

Software Rental or Lending

A situation where software is illegally rented or lent to end users and this rented software is copied to the computer's hard disk by end users for permanent use.