Is it illegal to sell tutorials and send pirated software?

According to the spirit of the copyright law, if you don't sell the tutorial, but directly disseminate it, except in the case of fair use, it is an infringement, let alone a gift. Generally, software vendors ask you to bear infringement liability, and they negotiate with you and require you to bear civil liability in accordance with the provisions of the Copyright Law. If you do not agree, you may file a complaint with the copyright administration department or file a lawsuit directly with the court.

Civil liability: stop the infringement, eliminate the impact, apologize, compensate for losses, etc. Compensation for losses is generally based on the actual losses of the right holder; Where it is difficult to calculate the actual losses, compensation may be given in accordance with the infringer's unlawful gains.

The amount of compensation shall also include the reasonable expenses paid by the right holder to stop the infringement. Where the actual losses of the right holder or the illegal gains of the infringer cannot be determined, the people's court shall, on the basis of the circumstances of the infringement, make a judgment to give compensation of up to 500,000 yuan.

Administrative liability: If the public interest is harmed, it shall be ordered to stop the infringing act, confiscate the illegal gains, confiscate and destroy the infringing copies, and may impose a fine of less than 3 times the illegal business revenue; Where it is difficult to calculate the illegal business revenue, a fine of less than 100,000 yuan may be imposed. where the circumstances are serious, confiscate materials, tools, equipment, and so forth that are primarily used to make infringing copies.

Criminal responsibility: Where a natural person commits the crime of copyright infringement, he shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine; where the amount of unlawful gains is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment and a concurrent fine is to be given. Where a unit commits this crime, the unit shall be fined, and the directly responsible managers and other directly responsible personnel shall be investigated for criminal responsibility in accordance with the provisions of natural persons.

"Particularly serious circumstances" refers to the fact that the amount of unlawful gains is huge or there are other especially serious circumstances. According to the relevant judicial interpretations, the so-called huge amount of illegal gains refers to the amount of illegal gains of an individual, i.e., the amount of profits, of which is more than 100,000 yuan, or the amount of illegal gains of a unit of more than 500,000 yuan. The so-called "other especially serious circumstances" refers to any of the following circumstances:

1) Those who have been investigated for criminal liability for copyright infringement and have committed the crime of copyright infringement again; (2) The amount of illegal business operation of an individual is more than 1 million yuan, and the amount of illegal business operation of a unit is more than 5 million yuan; (3) Causing other particularly serious consequences or having other particularly serious circumstances.

It's a big deal, and no one usually notices it.

The sale of pirated software constitutes infringement. Piracy refers to the act of making copies and redistributing the copied works, publications, etc., by a new manufacturer without the consent or authorization of the copyright owner.

Article 53 of the Copyright Law stipulates that if the publisher or producer of a copy cannot prove that it has legal authorization to publish or produce it, or if the publisher of the copy or the lessor of the film work or the work created by a method similar to that of a film is missing, computer software, or a copy of the audio recording and video recording, it shall bear legal responsibility.

Legal Analysis: The sale of pirated software constitutes infringement. Piracy refers to the act of reproducing and redistributing the copied works and publications by the new manufacturer without the consent or authorization of the copyright owner.

Legal basis: Civil Code of the People's Republic of China

Article 120:Where civil rights and interests are infringed upon, the infringed party has the right to request that the infringer bear tort liability.

Article 183:Where oneself is harmed by protecting the civil rights and interests of others, the infringer bears civil liability, and the beneficiary may give appropriate compensation. Where there is no infringer, the infringer has escaped, or there is no fierce chain force to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.

Article 1167:Where the infringing conduct endangers the safety of the person or property of others, the infringed party has the right to request that the infringer bear tortious liability such as stopping the infringement, removing obstacles, or eliminating dangers.

Article 1168:Where two or more persons jointly commit tortious acts, causing harm to others, they shall bear joint and several liability.

Legal analysis: According to the law, the person who holds pirated software is not liable for compensation only if he does not know and has no reasonable reason to know that the software is pirated, but he must also stop and destroy the pirated software, and if the destruction of the software will cause significant losses to the user, the user can continue to use it after paying a reasonable fee to the software copyright owner. Such as rushing.

Therefore, it is an infringement to purchase software knowing that it is pirated software.

Legal basis: Article 30 of the Regulations on the Protection of Computer Software If the owner of the copied slag of the software does not know and has no reasonable reason to know that the software is an infringing copy, he shall not be liable for compensation; However, the use and destruction of the infringing copy shall be stopped. If the use of the infringing copy is stopped and destroyed, the user of the copy may continue to use it after paying a reasonable fee to the software copyright owner.

Piracy to a certain extent is a crime. China's Criminal Law stipulates that where the crime of copyright infringement is committed for the purpose of profit, and there are any of the following copyright infringement circumstances, and the amount of illegal gains is relatively large or there are other serious circumstances, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; where the amount of unlawful gains is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.

1) Without the permission of the copyright owner, reproducing and distributing their written works, films, television, video works, computer software, and other works;

2) Publishing books in which others enjoy exclusive publishing rights;

3) Reproducing and distributing audio or video recordings produced by them without the permission of the producers of audio or video recordings;

4) Producing or counterfeiting works of art signed by others. In accordance with the relevant provisions of the "Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Infringement of Intellectual Property Rights" jointly promulgated by the Supreme People's Court and the Supreme People's Procuratorate: Article 5: Where one of the acts of copyright infringement listed in Article 217 of the Criminal Law is carried out for the purpose of profit, and the amount of unlawful gains is more than 30,000 yuan, it is a "relatively large amount of unlawful gains"; In any of the following circumstances, the group is "with other serious circumstances", and shall be sentenced to up to three years imprisonment or short-term detention and/or a fine for the crime of copyright infringement

1) The amount of illegal business operations is 50,000 yuan or more;

2) Without the permission of the copyright owner, reproducing and distributing their written works, films, television, video works, computer software, and other works, with a total of 1,000 copies (copies);

3) In other situations where the purpose is to make a profit, one of the acts of copyright infringement listed in Criminal Law article 217 is carried out, and the amount of unlawful gains is 150,000 yuan or more, it is a "huge amount of unlawful gains"; In any of the following circumstances, Jin Chen is "with other particularly serious circumstances" and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and a fine for the crime of copyright infringement:

1) The amount of illegal business operations is 250,000 yuan or more;

2) Without the permission of the copyright owner, reproducing and distributing their written works, films, television, video works, computer software, and other works, with a total of 5,000 copies (copies);

3) Other situations with especially serious circumstances.

Legal Analysis: The use of pirated software is an infringement and an infringement of intellectual property rights. However, if the person in possession of pirated software does not know and has no reasonable grounds to know that the software is pirated, he shall not be liable for compensation, but he shall also stop the infringement and destroy the pirated software.

Legal basis: Article 30 of the Regulations on the Protection of Computer Software The owner of a copy of the software does not know and has no reasonable grounds to know that the software is an infringing copy, and shall not be liable for compensation; However, the use and destruction of the infringing copy shall be stopped. If the use of the infringing copy is stopped and destroyed will cause significant losses to the user of the copy, the user of the copy may continue to use the copy after paying a reasonable fee to the software copyright owner.