Laws Broken by Ringier

Broken Laws Text extracted from: Law no.8/1996 - Law on copyright and neighboring rights Art.1 - (1)The copyright in a literary, artistic or scientific work, as well as any other

Broken Laws

Text extracted from: Law no.8/1996 - Law on copyright and neighboring rights

Art.1 - (1)The copyright in a literary, artistic or scientific work, as well as any other similar work of intellectual creation shall be recognized and guaranteed under terms and conditions of the present law. This right belongs to the author person and involves ethical and patrimonial prerogatives.

(2) A work of intellectual creation shall be acknowledged and protected independently of its being made publicly known, simply by virtue of its creation, even is not finished.

Art. 3. - (1) An author shall be the natural person or persons having created the work.

(2) In the cases expressly provided by the low individuals and juridical persons, other than the author, can benefit by the protection granted to the author

(3) The quality of subject of the copyright can may be transmitted under the terms of law.

Art. 140. - (1) There shall be infractions to be punished with imprisonment from one month to two years, or a fine, the following facts committed by a person without having the authorization or consent, as the case may be, of the holder of the rights acknowledged by the present law:
a) the copy of any kind of work having the neighboring rights
b)distribution, renting or importation on internal market of works having the neighboring rights, other than counterfeited products
c)making publicly known the works having the neighboring rights
d)broadcasting the works having the neighboring rights
e)retransmission through cable of the works having the neighboring rights
f)conceiving derived work
g)fixing on a support artistic performances and radio/tv programmes for commercial benefits
h)breaking provisions of article 134

(2)By works having the neighboring rights we understand artistic interpretations or performances that are fixed on a support, phonograms, videograma and televisions/ radiostations own shows or programmes services .

Art. 141.- There shall constitute an infraction and be punished with imprisonment from 3 months to 5 years or a fine from lei 25 000 000 to lei 50 000 000 the deed of a person assuming without right the quality of author of a work, or the deed of a person making publicly known a work under another name than the one decided upon by the author

Text extracted from: Low no11/1991 - Low on fighting unfair competition

Art. 4. There shall be civil penalties the following actions, unless they are committed in such circumstances so they shall be considered, in accordance with penal low, infractions:
(…)

b)divulging, acquisition or utilization of a commercial secret by a commerciant or an employee of him, without the consent of the legitimate owner of the commercial secret and against fair trade practice
(…)

Art. 5. - It shall be infraction and be punished with imprisonment from 6 months to 2 years or a fine from lei 25 000 000 to lei 50 000 000:
(…)

e)divulging, acquisition or utilization of a commercial secret by third parties without the consent of the legitimate owner, as a result of commercial or industrial spying
(…)

Art. 44. - (1) The alteration, erasing or destroying information or the restrictioned access to the information, without right, shall be an infraction and be punished with imprisonment from 2 to 7 years.

(2)The unauthorized data transfer from an informational system shall be punished with imprisonment from 3 to 12 years

(3)the punishment provided by paragraph (2) is also applied for the unauthorized transfer of information from any device with information stocked on.

Text extracted from: Law no 161/2003 - concerning some measures to assure transparency when carrying on public offices, public functions and to prevent and punish corruption in the business environment.

Title III Prevention and fighting informational criminality
Chapter I General Provisions

This title regulates prevention and fighting informational criminality, by specific methods, detecting and punishing the infractions commited through an informational system, assuring the observance of human rights and the protection of personal data.

Art. 35. - (1) In this title, words and expressions below have the following meaning:

a) by informational system we understand any device or an ensemble of devices being interconnectated or in a functional connection, from whom one or more assure the automatic processing of data, by the help of an informational system

b) by automatic processing of data we understand the process when data from an informational system are being processed through an informational programmme

c) by automatic processing we understand an ensemble of instructions which can be executed by an informational system in order to obtain a planned result

d) by informational data we understand any representation of facts, informations or notions so they can be processed through an informational system. We include here any informational programmme that can determine the realization of one of the realizarea unei functii by an informational system
(…)

2)In the sense of this title, in the following situations, any individual actions without right:

a) he is not authorized by law or by a contract
b) limits of authorization are exceeded
c)he doesn`t have the authorization from a natural person or a juridical person , in accordance to law, to give, to use, to administrate or to control an informational system or to make any scientific researches and to perform any other operations in an informational system

Chapter III
Infractions and offenses

Section 1

Infractions against confidentilality and integrity of data and informational systems

Art. 42. - (1) The unauthorized access to an informational system shall be an infraction and be punished with imprisonment from 3 months to 3 years or a fine

(2) the fact provided at paragraph (1), committed in order to obtain informational data shall be punished with imprisonment from 6 months to 5 years

(3) if the facts providede at paragraphs (1) or (2) are committed by breaking security systems, the punish is from 3 years up to 12 years.

Art. 43. -(1) Unauthorized interception of a transfer of informational data which are not publicly known and which are destinated to an informational system, data which are proceeded from such system or are proceeded as part of an informational system shall be an infraction and be punished by imprisonment from 2 years to 7 years.

(2) The same punish is applied for unauthorized interception of an electromagnetic emission resulted from an informational system which contains informational data that are not public.

Art. 47. - Attempts of infractions provided by paragraphs 42-46 shall be punished

Future Provisions of the Penal Code Title XOffenses against informational data and systems Chapter IOffenses against confidentiality and integrity of informational data and systems

Illegal access at an informational system

Art. 440. - (1)Access without right at an informational system shall be punished with strict imprisonment from 1 to 3 years or a penalty in days.