Regularise past use of pirated software – this is one of the most pressing and sensitive tasks for many Turkish companies that want to clean up their compliance risks without triggering unnecessary investigations or disputes. In practice, a surprising number of businesses in Turkey have at some point used unlicensed or “cracked” software: CAD programs, office suites, design tools, ERP systems or antivirus software installed without proper licences.
The real question is not whether this happened in the past, but what you do about it now. If your company wants to operate transparently, pass due diligence reviews, and avoid criminal or civil liability, you need a structured, well-documented process to regularise past use of pirated software and move into full compliance.
This guide explains, in practical steps, how Turkish companies can identify past infringements, reduce their legal exposure, negotiate with rights holders where necessary, and build a sustainable compliance framework going forward.
1. Why regularising past pirated software use matters
Many managers assume that if the company simply stops using pirated software, the problem disappears. Unfortunately, that is not how risk works in practice:
- Criminal risk: Past use of pirated software can, under Turkish law, amount to copyright infringement with potential criminal consequences for responsible managers and IT staff.
- Civil risk: Rights holders can claim damages based on unpaid licence fees and, in some cases, multipliers of those fees, even for past use that has already stopped.
- Reputational and commercial risk: During mergers, acquisitions, financing rounds or major contracts, software compliance is a standard due diligence topic. Past piracy can lead to price reductions, warranties, indemnities or even failed deals.
- Operational risk: A sudden audit or complaint can result in inspections and disruption exactly when the company least expects it.
Regularising past use of pirated software is therefore not only a legal issue; it is also a strategic business decision that protects the company’s future.
2. Step one: conduct a confidential internal software audit
The first step is to understand the true scope of the problem. This should usually be done as an internal and confidential audit, ideally led or supervised by legal counsel so that your assessment benefits from legal privilege where applicable.
Key actions:
- Create a complete software inventory
- List all devices: desktops, laptops, servers, virtual machines, test environments.
- Use discovery tools where possible to detect installed software automatically.
- Identify licensing status
- For each program, check whether there is a valid licence, subscription or enterprise agreement.
- Collect invoices, licence certificates, e-mails from vendors, and account screenshots.
- Classify each installation as:
- fully licensed
- potentially under-licensed (too many devices/users)
- clearly unlicensed/pirated (cracked versions, missing documentation)
- Document everything
- Keep an internal audit report (even if brief) summarising findings, but restrict access to key managers and legal counsel.
- Avoid casual e-mails like “we are full of pirated software” – your documentation should be factual and professional.
This audit phase is critical. Without accurate data, it is impossible to choose a smart regularisation strategy.
3. Step two: assess the legal and financial risk
Once you know what you are dealing with, the next step is to evaluate the risk level for each software product and vendor.
Consider the following factors:
- Volume of infringement
How many unlicensed installations exist? For how many years have they been used? - Type of software and enforcement culture
Some international software companies are extremely active in enforcement, using audits and local representatives. Others are less aggressive. - Evidence trail
Are the pirated copies easily detectable through online activation systems, IP tracking, or logs? Is there an obvious pattern of deliberate cracking? - Business criticality
Is the software core to your operations (e.g. ERP, design software) or peripheral? This affects your negotiation leverage and urgency. - Company profile
Listed companies, large groups and regulated entities (banks, insurers, telecoms, etc.) may face stricter scrutiny and reputational exposure than small private firms.
On the basis of this analysis, you can prioritise which vendors and products require immediate action, and where a quieter internal clean-up may be sufficient.
4. Step three: decide your regularisation strategy
There is no single approach that suits every company. Broadly, three strategies are used – often in combination.
4.1. Silent internal clean-up
This involves:
- uninstalling pirated software
- replacing it with licensed alternatives (including open-source where appropriate)
- tightening internal controls to prevent recurrence
Silent clean-up may be appropriate where:
- the volume of infringement is limited
- the software vendor is not actively auditing the market
- there is no current complaint or investigation
However, silent clean-up does not erase past liability. If the rights holder later discovers prior infringement, they may still claim damages for the historical period. This is why many companies, especially larger ones, consider more proactive options.
4.2. Voluntary regularisation with the rights holder
In this approach, the company:
- identifies significant past unlicensed use, and
- proactively approaches the software vendor or its authorised representative to regularise.
Objectives typically include:
- purchasing sufficient licences to cover past and current use
- negotiating a settlement that resolves past infringements
- obtaining written confirmation that the rights holder will not pursue further claims based on the disclosed use
Voluntary regularisation has advantages:
- It demonstrates good faith and responsible governance.
- It can reduce the risk of criminal complaints by the rights holder.
- It may lead to more flexible payment terms or discounted licences compared to being caught in an audit or litigation.
On the other hand, poorly managed voluntary disclosures can expose the company to unnecessary risk. This is why legal guidance is essential.
4.3. Managing vendor audits and inspection requests
Some software vendors initiate formal audits under licence agreements or informal “review requests”. If your company already faces such a request, regularisation must be handled within that framework:
- Carefully review the audit clause in your contracts.
- Negotiate the scope, timing and methodology of the audit.
- Ensure that your own internal audit is conducted first, so you are not surprised by findings.
In many cases, the outcome of a vendor audit is a commercial settlement: additional licence purchases, possibly a one-off fee for past use, and new compliance commitments.
5. Step four: approaching software vendors strategically
When contacting a vendor to regularise past use of pirated software, the tone and structure of communication matter greatly.
Best practices include:
- Use legal or compliance channels
- Let the initial approach be made by or via legal counsel or the compliance department, not by a junior IT staff member.
- Avoid unnecessary self-incrimination
- Do not send emotional messages like “we have stolen your software for years”.
- Present the situation as a compliance regularisation project: the company is aligning all software with current policies and wishes to agree on an appropriate licence solution.
- Propose a practical framework
- Number of current and near-future users or devices.
- Licence models that fit your operations (perpetual, subscription, network, cloud).
- Payment terms that recognise your willingness to regularise.
- Negotiate a clear settlement of past use
- Ideally, the agreement should state that, upon payment and licence purchase, the vendor will not pursue civil or criminal claims for past use disclosed during the process.
- Keep communications professional and centralised
- Appoint a single point of contact on your side.
- Maintain a record of all discussions, offers and agreements.
Handled correctly, vendor engagement can transform a risky situation into a structured, manageable commercial arrangement.
6. Step five: settlement and licence agreements – key points to check
When regularising past pirated software use, the final documents are crucial.
You should focus on:
- Scope of release for past infringements
Make sure the settlement clearly specifies which period, products and installations are covered, and that no additional historical claims will be made based on that usage. - Licence scope for future use
Check user/device limits, territory, duration, and whether remote or cloud use is permitted. Ensure the licence truly matches your operational reality. - Audit provisions
Most software agreements include audit rights. Try to ensure they are reasonable in notice period, frequency and scope. - Payment schedule
If the regularisation cost is high, negotiate instalments or phased deployment to avoid financial strain. - Confidentiality
Consider confidentiality clauses to prevent the regularisation arrangement from being used publicly against your company.
Well-drafted settlement and licence agreements protect not only the company but also its managers, who must be able to demonstrate that they took responsible steps once past issues were identified.
7. Step six: build a sustainable software compliance programme
Regularising past pirated software use is only the beginning. To avoid repeating the same problem in a few years, Turkish companies should establish a software compliance programme with clear rules and responsibilities.
Essential elements:
- Policy framework
Written policies that prohibit unlicensed software, define approval processes, and set rules on employee-installed apps, trials and open-source use. - Centralised procurement and IT control
All software installations should be approved and managed by a central IT or procurement function. - Licence management tools
Use software asset management tools to track installations, licence keys and expiry dates. - Regular internal audits
Schedule periodic internal reviews to detect irregularities early. - Training and awareness
Educate employees, especially in IT and design departments, about legal risks and company policies. - Integration with wider compliance
Align software compliance with your existing frameworks for data protection, competition law, anti-bribery and tax compliance.
This way, regularisation becomes part of a broader governance and risk-management culture, not a one-time clean-up.
8. When should Turkish companies seek legal advice?
While some steps can be handled internally by IT or procurement, it is strongly advisable to involve legal counsel in situations such as:
- significant volume of past pirated software
- receipt of a vendor audit notice or legal warning
- consideration of voluntary disclosure to a rights holder
- negotiation of high-value licence or settlement agreements
- concerns about potential criminal complaints against managers
Legal input is especially important to structure communications, protect confidentiality, minimise self-incrimination and secure the best possible settlement terms.
9. Conclusion
How to regularise past use of pirated software is a question that many Turkish companies face sooner or later. Ignoring the issue or relying on silent uninstalls is risky. A smarter approach is to:
- Conduct a confidential internal audit;
- Assess legal and financial exposure;
- Choose the right combination of silent clean-up, voluntary regularisation and negotiation;
- Document settlements and licences carefully; and
- Build a robust, long-term software compliance programme.
Handled correctly, regularisation can turn a historic weakness into a demonstration of strong corporate governance, reassuring shareholders, business partners and authorities that your company takes its legal obligations seriously.
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