Before I will advice, I would like to warn beginners webmasters, that do everything honestly and according to the law is preferable to. This simplifies your protection in case of similar circumstances. The less reason to find fault with you, the easier it is to your lawyer and your own.
Actually, the first thing I should say to himself - ' I'm small, nobody knows me and does not see '. It should be well aware that your 300 bucks a month, no one needs. Need a good reason to have brought it to you. And even more compelling reason to the court and the case ended in disqualification or a fine.
The structure of contemporary Russian justice system consists of a three-phase system: an investigator - the prosecutor's office - the court. The investigator gathers evidence, the prosecutor's office is preparing a case, the court decides that you have to do it. A typical mistake to assume that the investigator can decide something and something to threaten. Its objectives are quite different. But let us consider the problem in the order they are received.
For you to come. Your apartment - private property and enter it only with the approval of. But you can just put them on a visit. And then there is a great law ' On Police ' and Article 50, which allows the authorities to withdraw your technique and other things, Druk (CD-ROMs, hard drives, flash drives ) for examination in the presence of counterfeit. So it is better not to let the house if there is no reason not to give. You should also understand that the excuse ' it's not mine, that Bob brought to urge ' do not take place unless there is supporting evidence of ownership by Vasey. And Vasya for the company to enter into a protocol problem will not make. All of that will - yours and you have to deal with this.
Each seized item you must be packed in tightly closed and sealed opaque bag - it will serve as proof that no one you do not zasunet inward before reaching the organization dedicated expertise. On the other hand damage to the package prior to entering the examination may serve as evidence in court that the counterfeit seizure came after, not before.
As a result of withdrawal must be drawn up, which is listed in detail confiscated property and its features, as well as the object of examination. For example, ' the possible presence of counterfeit copies of 1C '. Minutes certified by you, those who carried out the removal, and a pair of witnesses. A copy of the protocol remains in your.
Prior to committing these actions, you legitimately can check certificates for friends and even call the police for their legitimacy, often there have been cases of fraud in order to plunder the banal - forged crust, as if checking stupid tyryat technique disguised as withdrawal. On the other hand, it swept away the wave much fervor and zeal for service in the real friends - those who know the law and uses it to intimidate the more difficult.
The protocol will have to place your testimony. You may refuse to give them enough to refer to article 51 ( part 1 ) of the Constitution of the Russian Federation on the impossibility of testimony against themselves or close relatives. Your refusal with reference to the law zanesut in the protocol, but it does not mean anything. This action is valid for first visit to the authorities if you are summoned for a talk on the phone. Do not rush to give evidence and to build a legend on the fly. This is at least silly. Only confuse ourselves.
At the second interview, or invite you to nominate nice time, even at the first meeting. There you have to be read. At this point you have in mind should already be sufficiently clear answers to possible questions. Do not be lazy to go to a lawyer. Literate and correct answers will be playing in your favor in the future. Do not give in to provocations, do not let yourself be intimidated. Only answer the questions. A copy of the protocol ask nicely. The fact that you do not want to answer, do not answer. You should not threaten, cry, whine, push the lengthy speech. It's no use to anyone and you 're wasting your time and bodies. The question - the answer. There are no questions, a copy of the protocol and goodbye.
As a result of your meetings with the investigator is accumulated evidence base. If a violation of the law is, prosecuted, and it is passed to the prosecutor. There you will have to work an investigator. Oh, and if at this stage, it will not be considered insolvent, then the case goes to court.
Now the fact of the subject matter. The case turned on the prosecutor's office, but the plaintiff should be. T. e. person who will stand on the other side of the court. If the plaintiff does not, then the case will not be. Therefore, the spectrum of software for the use of which usually has very short: Windows, Office, 1C, and various counseling programs. Similarly, in the sphere of copyright on the network. If there is a copyright holder who can prove that you have something skopipizdili and his rights have not expired (as it happens sometimes ), then it usually tears the ass, and to break those kopipizdit.
But the law is murky on the Rights of. First, it must undergo a series of examinations, which certifies that a violation has. And it needs to get at least X% compliance. And they themselves are worth examination time and money. And you can order a re-examination on your part, if the fact is not obvious pizdinga. The second point is related to the fact that few skopipizdit, we must also cause damage to the fact pizdinga. T. e. if it is detected a contract with the sap or what you sell counterfeit products, the fact that there is damage. Do not remove the profit, then you are dragged to ' educate ' and the case is closed.
For this reason rarely do zamarachivaetsya in order to run for small violations of copyright, without clearly proven damage. But always the police. Even if the plaintiff does not, it is still possible to identify counterfeit and using removal techniques decent pull your nerves. Why? . In order for this situation is not out of control and need a lawyer. And knowing the phone internal security.
In general, do everything honestly. Honestly write or buy texts. Or riraytite them beyond recognition. Do not use the real addresses of companies in their websites as if it were their sites. Do not use porn, if you do not live in an area where it is permitted by law. Any breach will give the opportunity to present to you the claim. And will you address them honestly and openly, or through a bribe - no difference - and so and so unplanned loss of.
Monday, April 2, 2012
Legal Workshop for Webmasters
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