Azcherrybvod (Azovo-Chernomorsky basin management on fishery and preserving of water biological resources)

2014: Payment of 1.2 million rub for use of the pirated software

In January, 2014 the state budgetary institution "Azovo-Chernomorsky Basin Management on Fishery and Preserving of Water Biological Resources" (is under authority of Rosrybolovstvo) in three instances lost the case in which Microsoft,1C and Adobe required from organization to pay them compensation for use of the unlicensed software. It follows from the court documents published in January, 2014.

According to judgments, the state structure in total should pay to owners about 1.2 million rubles for use of non-licensed products which copies UEBIPK GU MINISTRY OF INTERNAL AFFAIRS across Krasnodar Krai according to the results of check detected on computers of the organization. Among them - "1C: Enterprise" and software of 1C for accounting, Windows 7 OS and MS Office, Adobe Photoshop CS5.

During judicial proceedings State Budgetary Institution Azovo-Chernomorsky Basin Management on Fishery and Preserving of Water Biological Resources referred to the fact that it did not know about what set at them disputable to software is counterfeit. Its installation on computers of the organization was performed by the individual entrepreneur who rendered "paid services to legal entities on installation, updating and service of software products".

Concerning this entrepreneur upon check by investigating bodies criminal case since it was established that he illegally used copyright of developers by storage, cracking of electronic key and copying of programs for sales objectives was brought.

With respect thereto State Budgetary Institution Azovo-Chernomorsky Basin Management on Fishery and Preserving of Water Biological Resources asked court to replace the defendant directly with the entrepreneur fitter of software: "organization could not know that it violates someone's copyright".

According to budget the uchrezhdeniiya, installation of counterfeit software without the knowledge of the customer can be considered as a force majeur circumstance, however the court and this argument did not accept.

"The circumstance specified by the defendant cannot be recognized force majeur. It is not force majeure circumstance, the defendant could expect his approach. Due to the wrongful acts of the partner under agreements on rendering services, the defendant has the right to take legal action with the action of recourse", said in court's decision.