A criminal case has been instituted in Russia for plagiarism of the source code


The Russian court will consider a rather rare criminal case under article 146 of the Criminal Code of the Russian Federation, part 1, on plagiarism of software. Cnews has published the details of this interesting story.       The plaintiff is Leonid Svatkov, the owner of Altel, one of the leading Russian developers of information security tools, who has been working on the market for 13 years and is the only certified BIOS and Intel and AMD developer in Russia and Eastern Europe.    The defendant is the newly registered Numatech company. About 20 former Altel employees, mostly between the ages of 22-23, moved to Numateh (registered in the name of Smolensky’s alleged wife). She added similar software to the Rosreestr database on behalf of the new company. The main defendant is Pavel Smolensky. He worked at Altel for ten years, starting as a software engineer, and graduated from and. about. CEO. It was he who, presumably, took away the working team after his dismissal.     History is curious in that it makes you wonder who owns the intellectual rights to the code – the authors or the owner of the company? Do you have the right to write a similar code after leaving your previous job? A special trick is that we are talking about open source software.   The former head of Altel, Pavel Smolensky, calls all claims unfounded, and the case biased: “Given the nature of the information provided on the other side, the wording and so on, I can say that this case and the situation around the Numateh company is similar to an attempted raider seizure, – he says. “Especially considering the fact that 146 part 1 is presented to the components of Open Source, this is generally unprecedented.”    Leonid Svatkov said that from October to December 2018, Numatech received patents for a number of products “with extremely similar functionality as described”, as with software previously registered by Rospatent. These programs are:       Numa Arce (certificate of state registration of computer programs No. 2018663993 dated November 8, 2018), according to the plaintiff, is an element of Altell Trust (No. 2013615480 dated June 10, 2013). These are hardware firewalls certified by the FSTEC for the highest protection classes. From the description on the official website: “The main feature of these devices is the combination of traffic filtering capabilities with the functions of building secure communication channels (VPN), intrusion detection and prevention (IDS / IPS) and content filtering (antivirus, web and spam filters, control applications). ”    Numa Edge’s Next-Generation Certified Trusted Download Module (No. 2018666573 dated December 18, 2018), a copy of Altell Neo (No. 2013618135 dated August 30, 2013). From the description on the official website: “Unlike analogs, it has unique characteristics: it cannot be removed from the protected device, it can be controlled remotely, it supports multi-factor authentication on remote AD / LDAP servers. Thanks to the stack of network protocols using Altell Trust, you can organize safe work with VDI infrastructures and terminal services (for example, via the RDP / RemoteFX protocol). ”     In both cases, Numateh LLC is indicated as the copyright holder. For the first program, authors Pavel Smolensky and Alexey Smekalkin are designated. For the second – Pavel Smolensky, Igor Shustov, Sergey Pushkarev, Alexey Kalinin, Evgeny Vasilyev.    Altel assures that the “true author” of these programs is Vincent Frantsev, one of the founders of Altel and the current general director, who replaced Smolensky as the post: “Former Altel employees who signed up for the products as authors clearly did so under pressure Smolensky, unknowingly not understanding that their actions can be interpreted as complicity in a crime, ”Frantsev suggests.    The Altel company was registered on December 6, 2006, and is 100% owned by Leonid Svatkov. The organization has 156 government contracts totaling 881.1 million rubles. Among the customers are the FSB, the Ministry of Transport, the Ministry of Defense, the Committee on Informatization and Communications of St. Petersburg, the Research Institute Kvant, Globus Telecom, St. Petersburg Polytechnic University of Peter the Great, etc. In 2013, the company entered the top 20 Russian developers in the field of information security according to CNews Analytics.    Altel owners complain that key customers have also moved to the new company, which “misled them” and offered rates half as low.    Informed sources report that there may indeed be duplicates in the Rosreestr’s database: “The situation is such that neither the experts, nor the ministry, nor Rospatent are able to solve the task of conducting such investigations on a full scale,” one source told Cnews. “The presumption of authorship is enshrined in law, the opposite must be proved.”    The president of the non-profit partnership “Russoft” Valentin Makarov commented that in Russia there is a very serious problem of protecting the intellect