Software requires rigidity - Newspaper Kommersant No. 167 (7368) of 09/12/2022

Software requires rigidity - Newspaper Kommersant No. 167 (7368) of 09/12/2022



The criticism of the bill on "compulsory licensing", that is, the use of content from "unfriendly" countries without the permission of the copyright holder, was expectedly joined by domestic software developers. They insist that the mechanism will not solve the problem of using foreign software in Russia. However, the working group responsible for the initiative associates the protest of IT companies with the desire to get rid of competitors. Experts recognize that using software without vendor support may raise issues, including in the field of cybersecurity.

"Kommersant" got acquainted with the review of the ARPP "Domestic Soft" (unites 240 Russian developers) dated September 6 on the bill of the State Duma deputy from the party "Fair Russia - For Truth" (SRZP) Dmitry Kuznetsov, which provides for compulsory licensing of objects of copyright and related rights from those who left Russian copyright holders. It follows from it that the proposed mechanism "carries great risks for both users and Russian developers." The initiative has already been criticized by video services, although book publishers and film distributors have supported (see "Kommersant" of September 8).

The head of the ARPP, Renat Lashin, notes in a recall that even if a Russian company obtains a license for foreign software through the courts, its use without the support of “the right holder and other authorized persons” can lead to vulnerabilities.

The ARPP admits that other states may respond by introducing the same mechanism with regard to Russian software - this may create a "repeated outflow of IT specialists abroad."

The bill was submitted to the State Duma on July 19. The project covers objects of copyright from copyright holders associated with "unfriendly" states and refusing to sell licenses in Russia.

The day before the project was submitted to the State Duma, a meeting of the Council for Strategic Development and National Projects was held, following which Russian President Vladimir Putin instructed Prime Minister Mikhail Mishustin to propose "special conditions for the use" of foreign software, "in respect of which it is impossible for conscientious Russian users to comply with existing contractual obligations." The order was approved on September 1, the deadline for execution is October 1.

Anatoly Semyonov, Deputy Head of the Working Group for the Work on the Bill, Deputy Chairman of the RSPP Committee on Intellectual Property, confirmed receipt of the feedback. He did not agree with the arguments of the ARPP and stated that the purpose of the amendments is to allow the consumer to legally use and adapt the software he needs: “If the user wants to use foreign software and if he has specialists who will help him ensure security and the absence of vulnerabilities, why should we decide for him?"

According to Mr. Semyonov, in the absence of foreign copyright holders in Russia, no one will fight piracy, and Russian software developers will have to "compete with zero-price products."

Mr. Semyonov added that among the market participants from whom the working group asked for a position on the draft law were two associations from the IT sector: ARPP and the Non-Commercial Partnership of Software Suppliers (NP PPP). Kommersant sent a request to NP PPP and turned to the Russoft Association (which unites 286 IT companies), Russoft declined to comment.

Even if the software of vendors that stopped working in Russia continues to be used, local customers “remain outside the scope of its refinement and changes,” says Alexei Bogomolov, director of the Transformation Strategy practice at Reksoft Consulting (part of Russoft). Those who use software in such conditions need to build their own competencies to support and refine it, the expert emphasized, and this "threatens to increase the total cost of ownership."

Direct editing of the code is "practically impossible without the vendor's approval," adds Dmitry Pavlyuk, Deputy Director of the Softline Service and Technical Support Department. At the same time, he admits that it is theoretically possible to modify the software, taking advantage of vulnerabilities in it.

After the publication of the article, NP PPP told Kommersant that they had received a request and planned to hold a face-to-face discussion. “It is too early to talk about the position, since this is just the first version of the bill. But the submitted text contains a fairly large number of both formal and substantive contradictions, the possibility of eliminating which is not obvious now,” the partnership said.

Yuri Litvinenko



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