Law and safety / Chapter 11

Common legal pitfalls for programmers and tech professionals

21 items~56 min read

This section’s metrics are personal freedom and money — what you get back is “don’t get locked up” and “don’t pay damages.” People who write code or do technical work often treat the items below as “just technical problems.” In fact they map to specific criminal offenses, or to a concrete civil sum you may have to pay. Each item gives the numbers in the statutes, plus cases published on the websites of the Supreme People’s Procuratorate and the Supreme People’s Court. Criminal-law citations use the consolidated text “as amended by Amendment (XI) to the Criminal Law” republished by the Beijing Traffic Management Bureau. Item 1 is the general one: how to judge before you act, and what to do first if something goes wrong.

Items in this section are grouped by theme below; numbers in parentheses are item numbers.

Before you act: Before acting, ask whether anyone will file a police report (item 1).

Cheats, scripts, and cracks: Game cheats and aids (item 2); ticket-snatching, fake-order, and coupon-farming scripts (item 3); crawl only public pages that need no login (item 4); tools that auto-skip or block ads in other apps (item 18); crack patches and keygens (item 20).

Touching others’ systems: Do not run your programs on others’ computers (item 8); do not test others’ systems without written authorization (item 9); report vulnerabilities as required (item 10); DDoS traffic attacks (item 21).

Side gigs and client work: Development orders for gambling, fraud, or adult-content apps (item 5); circumvention tools and VPN accounts (item 11); AI relay sites (item 19).

Leaving and ownership: Hand over account access when you leave (item 6); do not take source code when you leave (item 7); non-compete agreements (item 12); code written with company resources belongs to the company (item 13); GPL and other open-source code (item 14).

Shipping a product: Collect only personal information the business needs (item 15); complete ICP filing before launch (item 16); generative-AI security assessment and algorithm filing (item 17).

11

No selling of tools for bypassing firewalls or VPN accounts, no setting up such nodes for others

Grade BBig benefitFreedomFreeLittle timeNo willpower

Any individual or entity that builds their own outbound network connections or uses international channels outside of state-provided public telecom services may be ordered by police to cease internet access, receive a warning, and face fines up to 15,000 yuan plus confiscation of any illegal earnings. …

12

If you signed a non-compete, and after leaving the company does not pay monthly compensation, send a written demand; if unpaid for a full 3 months you may terminate; posts that never touched trade secrets may seek a ruling that the clause does not take effect

UpdatedGrade AMedium benefitMoneyFreeLittle timeNo willpower

A non-compete means for a period after leaving you may not work for a competitor — up to 2 years — and the company must pay compensation monthly. …

13

Code written on work time with company resources belongs to the company; do personal open-source projects on your own time and equipment, and do not mix in company code

Grade AMedium benefitMoneyFreeLittle timeSome willpower

Software written mainly with company equipment, intranet, or business data, for which the company bears responsibility, has copyright belonging to the company; you keep only the right of authorship — and the same if the contract so provides. …

21

Do not help launch DDoS traffic attacks; do not sell or rent “stress-test” traffic platforms; if you lose a game, do not attack the other side’s servers either

NewGrade ABig benefitFreedomFreeLittle timeSome willpower

Using DDoS so others’ websites, servers, or games cannot open is the crime of destroying a computer information system. Serious consequences bring up to 5 years; especially serious consequences bring 5 years or more. …

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