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Cracking a software is illegal, everyone already knows. But I would like to know the following:
Is it illegal to use/distribute/create an old cracked product? One that is not even sold by the producer?
Because it’s no longer for sale, the only way to get your pro version would be to use crack. It would be illegal to use/distribute/create a cracked version of this software?
If you could link to copyright stating that it is illegal or not, I would appreciate it.
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Copyright becomes public after 70 years under the law 9,610, of 19 February 1998, article 41, but nay expire.
The figure of the copyright, before the INPI (for software), before the National Library (for literature) and before the School of Music has there a reasonable bureaucratic time. It varies from one to three months.
But it has no expiration time. The registration does not expire. What loses the validity is the right to the exclusive patrimonial on that work after of a certain period of time, which today corresponds to 70 years, January of the following year of the author’s death.
I mean, yes, it would still constitute a crime, you crack the work, even if it is no longer being marketed.
So it would be 70 years after the author’s death? Right? What if the work is in the name of a company? It would be 70 years after its legal closure?
@Fernando exactly, 70 years after the total extinction of the company, but remember, if you do not know, that bankruptcy does not mean the extinction of the company, it continues to exist what is legally called bankrupt mass, for but a few centuries, until it no longer owes anything to the Government or to society and legal deadlines for the collection of all debts existing in any public or private sphere are extinguished... Simply put, only 1000 years from now to use this software without paying!
So there’s no legal way to get a copy of the product?
@Superbomber exists, but is bureaucratic, getting in touch with the union of the bankrupt mass (person responsible for the documents of the bankrupt company, usually one of the partners) and asking him to write and recognize in the registry the assignment of the rights or intellectual property of the work, which is not usual or common, besides being very difficult to find the syndic of the bankrupt mass.
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The accepted answer has some flaws. They do not change the conclusion, but it is wrong in some points.
The Copyright Act (9.610/98) really applies in part to "computer programs", but it is in the Law 9.609/98 that is most of the rationale for his reply.
First, the copyright of a "computer program" falls into the public domain within 50 years old, in accordance with paragraph 2 of Art. 2:
§ 2º The protection of rights related to the program of computer for the period of fifty years, from 1 January of January of the year following that of its publication or, in the absence thereof, of its creation.
I even got to being in doubt if the answer couldn’t be Not for the simple use, because the Brazilian law is quite permissive, and of all moral rights of the author, provided in art. 24 of Law 9.610/98 (see art. 24), only two were assured by Law 9.609/98:
§ 1º The provisions concerning moral rights, except at any time, the right of author of claiming paternity of the computer program and the copyright to object to unauthorised amendments where they involve deformation, mutilation or other modification of the computer, which damages your honor or your reputation.
The problem is that you would violate rights patrimonials of the author, among which are:
Art. 29. It depends on the author’s prior and express authorization to use the work, by any means, such as:
I - partial or full reproduction;
II - the edition; [...]
VI - the distribution, when not intrinsic to the contract signed by the author with third party for the use or exploitation of the work;
So to the crackear and distribute the program, you would focus on art. 12 of Law 9.609/98:
Art. 12. Copyright infringement of computer program:
Sentence - Detention of six months to two years or fine.
And if it’s for trade purposes it’s much worse:
§ 1º If the violation consists in the reproduction, by any means, of computer program, in whole or in part, for trade purposes, without the express permission of the author or his representative:
Feather - Imprisonment of one to four years and fine.
§ 2º In the same sentence of the previous paragraph, those who sell the sale, entry into the country, purchase, concealed or deposited, for purposes trade, original or copy computer program, produced with copyright infringement.
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It is illegal yes. Because you would inflict the license agreement to use the program. This Article - Illegal Internet Software Distribution Problems addresses this subject.
– stderr