Problematyka kwalifikacji prawnej przestępstwa paserstwa programów komputerowych

This article treats about similarities and discrepancies in legal definitions of fencing the computer programs (software) provided by Polish law – especially The Criminal Code and Act of 4 February, 1994 on Copyright and Neighbouring Rights. The penalization of software fencing crime in two (even three) different Polish acts usually causes the confusion for investigators, prosecutors and even judges. The article clearly explains the history (including EU acts) and interplays as well as notifies all differences between the acts. This would help to define the particular crime accurately and prosecute in appropriate way, as well as to avoid the potential confusion in appropriate qualification the particular infringements or crimes. The work is enriched with significant judges, illustrating the given problems and definitions.