Counterfeit Information and Computer Product as an Object of Forensic Research of Computer Tools and Systems

Abstract

The paper considers the impact of global digitalization on the detection and investigation of crimes in the field of copyright and related rights violations based on the doctrine of criminalistic research of computer tools and systems, which is part of the private theory of information and computer support for criminalistic activities. It is noted that since the early 2000s, approaches to investigative tactics and forensic research of audio recordings, videos, and software have been considered in isolation from these types of objects. The development of information and computer technologies has led to the transfer of all the above-mentioned objects of copyright and related rights to digital format. Currently, copyright and related rights are protected by digital content, which includes audio-visual products, digital photos, digitized movies, digitized books, and software products. This content is computer-generated information that is independent of its medium and requires a uniform approach to its collection and research. The use of distributed computer technologies makes it possible to store and operate a single information and computer product on different, spaced media. Based on the analysis of existing literature, theoretical research and monitoring of investigative, judicial and expert practice, a new definition of "counterfeit information and computer product" is substantiated. It is a product of conscious human activity which is made using computer-digital technologies, presented in a digital form on one or more information carriers connected via computer networks or data virtualization technology so that several physical data carriers are linked into a logical module. If the product is altered when being manufactured, sold, exchanged, distributed or in any other way introduced into circulation, there is a violation of exclusive rights to the results of intellectual activity or means of individualization. The approach to counterfeit information and computer products as one of the types of digital footprint provides for a new way of tactical and forensic support development for investigative actions, the creation of methods of forensic research.