no crime for the professional who uses "pirated" programs

[gfrank]

no crime for the professional who uses "pirated" programs
Court of Cassation - Section Ii Penal - Judgment of 22 December 2009 n. 4938
the court of Cassation, with the judgment under consideration received the appeal of a geometra condemned in the previous degrees of judgment for having installed on four workstations the programs microsoft office 2000 and windows 2000.
the court of Cassation has instead excluded the crime by making a clear distinction between commercial and entrepreneurial activities, these sanctions in the intentions of the legislator, and the free professional activity, typical of the intellectual professions that preview an inscription to the albo.
the crime - it has added the court - would have however been excluded from the non-compulsory against the individuals to affix the mark both.
a duty that has failed because Italy has not communicated to the European commission (as established in the judgment of the Court c-20/05) all the information necessary to verify the compatibility of the obligation of the mark with European rules.

source: http://www.donnegeometra.it

 

[marcof]

the court of Cassation has instead excluded the crime by making a clear distinction between commercial and entrepreneurial activities, these sanctions in the intentions of the legislator, and the free professional activity, typical of the intellectual professions that preview an inscription to the albo.

: eek: eek:
in a more civilized country: the first that comes to mind is the fairy burkina, which is a little more civil than ours. follow the others.. :frown:

 

[maxopus]

So?
I think this sentence, if it's like I do, opens a whirlwind.

 

[davide75]

opens a huge voragine!!!! It really creates a previous one!

 

[cacciatorino]

the way in which the news is reported is not very clear, it is not understood in fact if by crime it means only the "criminal crime" and therefore remains always subject (justly) to the administrative illicit, with the relative sanction and the obligation to redefine the damage to the aprte offence, that is the software manufacturer.

p.s.
It seems that the interpretation is based on a cleavage that no longer can be: http://blog.studiolegaleciucio.it/2009/12/29/software-copiato-professionista-assolto/I'm really confused anyway. ...

 

[cacciatorino]

But this then?
http://www.cortedicassazione.it/notizie/giurisprudenzapenale/sezionisemplici/schedanews.asp?id=1209
http://vlex.it/vid/giurisprudenza-di-42307035It seems to me to say the opposite... .

 

[warburg]

I'm sorry, but I don't remember if you've already talked about it here in the forum... but how did the judgment of the Court of Cassation actually end on the possibility for professionals to use non-original software? http://www.professionisti24.ilsole2...sti24/diritto/2009/12/cass_pen_49385_2009.pdfHi.
I came to mind after I had cumed the pigeons of the subs:biggrin:

 

[tanguera]

Could this attachment help? source: "Portrait by Geometra profession of the National Association of Georgian Women"

 

[Fulvio Romano]

who:http://www.cad3d.it/forum1/showthread.php?p=138367&highlight=cassazione#post138367There is something more

but instead, for the private?

 

[stevie]

then the difference between a free professional and an entrepreneur is that the free professional can use pirate programs...I didn't know it! !

 

[myface]

I abstain from any comment. .:biggrin:

 

[gfrank]

the Court of Bologna, which reiterated with a recent judgment the previous guidelines expressed by the Court of Cassation: for professionals enrolled in the register, who provide an intellectual work not comparable to business activity, it is not crime to use programs without license.

link to:http://www.edilportale.com/news/201...fessionisti-possono-utilizzarli_26447_15.html

 

[Tristan]

someone with some legal skills explains to me two steps, please:
"the decision was motivated by the fact that the free professional exercises intellectual activity, other than the industrial one"
"the difference in cash is that the business activity is explicitly for profit, while the professional one does not provide for an industrial end"I'm sorry, but I'm not coming. .

 

[Tequila]

someone with some legal skills explains to me two steps, please:
"the decision was motivated by the fact that the free professional exercises intellectual activity, other than the industrial one"
"the difference in cash is that the business activity is explicitly for profit, while the professional one does not provide for an industrial end"I'm sorry, but I'm not coming. .

It's a cow, definitely written by an incompetent.
all this will do nothing but increase the use of pirated software to professionals at the expense of who is in order that you will find to use the same or with higher costs or with managed licenses messed up.
professional software are however created by people who are paid and also they exercise an intellectual activity.
I think they'll feel more about these stories.

 

[Tequila]

in 2009 the cassation established that punishment is justified by the commercial or entrepreneurial purpose of the activity. the court has explained that it is not necessary to make confusion between professional and entrepreneurial activities, unless it proves that the professional carries out his work with an organization such as to be assimilated to the enterprise. the difference in the case is that the business activity is explicitly for profit, while the professional one does not provide for an industrial end.It would be enough to find a breach of the law and there would be multiple firms to close their ut to support free professionals and thus reduce the costs of ut, licensing programs and any other management.
in Italy we are... great country...

However, at the outset, it would be necessary to spread the word, i.e. if I have to rely on studies for works either of architects or other, to ask for information whether they use regular licenses or not for their work, and in case they are negative to lower the price of the works compared to those who use legal software.

 

[Tristan]

However, at the outset, it would be necessary to spread the word, i.e. if I have to rely on studies for works either of architects or other, to ask for information whether they use regular licenses or not for their work, and in case they are negative to lower the price of the works compared to those who use legal software.

no one will ever tell you that he uses copied software, so besides not paying licenses he has the excuse to get paid "good" his intellect!

 

[Tequila]

no one will ever tell you that he uses copied software, so besides not paying licenses he has the excuse to get paid "good" his intellect!

then well come the procedures that some softwarehouses are adopting to reduce piracy even if for those who are in order is a great break all these changes.

 

[enri]

but do these sentences create a real precedent? that is from now on it is mathematical that if a study has a control of finance, just submit the copy of the sentence and everything is resolved? no because it would be a disaster, nothing but megaupload!

 

[Tristan]

authoritative sources tell me that the thing has already been reported to bsa (http://www.bsa.org/).

 

[Fulvio Romano]

But I didn't understand... the fact that it's not a crime doesn't mean it's legal.

I do a parallel. If I earn a million euros a year, and I declare 10,000, I do tax evasion, it is crime, I go to jail.

If I don't issue a tax receipt for a cream bigné, I do tax evasion, it's not crime, and I pay only a fine.

The crime is related to a criminal penalty. where there is no crime, it is not said that there is no civil sanction.

Clear?