A sentence condemns six months in prison and a fine of € 3,600 for having the pirated Windows and Office on two computers of a business.
It is quite common that when we buy a computer we already have a Windows license attached to the equipment, but computers that do not have the operating system are also sold, and it is the user himself who must obtain a paid license later to have the possibility of using the Windows operating system in a totally legal way.
But if you are one of those who have ever acquired a pirated license to run Windows 10 and even a package of unlicensed programs such as Microsoft Office, you will be interested to know what just happened the first conviction of the Supreme Court for having pirated Windows, specifically on several computers in a call shop in Madrid.
Specifically, it has been the Criminal Chamber of the Supreme Court that has issued a first sentence condemning the owner of a call center located in Vallecas, in the southern part of the Community of Madrid. The National Police inspected the premises in November 2017 and found that two of the eight computers in the phone booth had a pirated Windows 7 license and also the original unlicensed Microsoft Office suite.
The judges took the matter to the plenary session of the second chamber to study the details of the case, ruling that it is “of a crime against intellectual property”Imposing six months in jail for the owner of the phone booth and a fine of € 3,600. The local is also obliged to compensate Microsoft with the money that the pirate licenses they have been using in recent years in the phone booth cost.
This is the first final ruling in this regard on the use of pirated Windows and Office licenses on computers present in business, in this case in a parlor. This sentence, later confirmed for the National Court, is a warning for the rest of the businesses to make sure that they have official licenses in each of their computers.
The Supreme Court ruling, to which Cadena SER had access, states that “the interpretation criterion followed by the contested judgment, which results from its literalness, does not pose difficulty in understanding”.
Ignorance of the law does not exempt it, and it should be remembered that the 2015 reform already specified that an intellectual property crime is committed to whoever economically exploits these products without a license in any way.
In the sentence it can be read that “the owner of the call shop economically exploits computers and their software without the use license that allows their commercial exploitation. It is a business activity, a call shop, which enables access to the Internet from computers that house computer programs, hardware and software, which require licenses that allow their use, as they are documented works that are the creation of the spirit with a original content and protected by the ordinance”.