On January 3, Belarusian President Alyaksandr Lukashenka signed a new law (opens in new tab) that effectively condones domestic piracy (via Deutsche Welle (opens in new tab)). Among other things, the law, which has the lofty goal of developing "the intellectual, spiritual, and moral potential of society," allows Belarus to use software, films, and music "from foreign countries acting in an unfriendly manner" against Belarus "without the consent of the rights holder" as long as it is deemed "essential to the domestic market."

What is essential in this context is not stated in the text of the law itself. However, as far as software is concerned, basic technologies such as Windows, and perhaps even Microsoft Office and the Adobe suite, would certainly be covered. But when it comes to movies, music, and games (which would probably fall under "software"), it is hard to imagine what could be considered a truly important cog in the Belarusian domestic market.

The law does not allow for complete free rein on digital media from the myriad countries that have sanctioned Belarus in recent years (opens in new tab), especially after supporting Russia's invasion of Ukraine (opens in new tab). At least in theory, people and organizations that use pirated content must pay for it, but the money is deposited into a Belarusian bank account operated by the Belarusian patent authorities. Rights holders will then be given a three-year deadline to claim their remuneration from the Belarusian government. If the right holder misses the deadline, the state gets the cash.

However, even in the fanciful scenario that anyone using pirated material decides to declare it to the authorities and the government responds quickly and in good faith to the rights holder's request, the actual amount paid is left to the discretion of the Belarusian Council of Ministers. The law also provides that the patent authorities "may deduct up to 20%" of the remuneration before remitting it to the right holder. Submitting a formal request to Belarus for these pirated goods does not appear to be worth anyone's time.

As if this were not enough, the law hides another surprise. Belarus now makes it legal to import whatever one likes from the list of "essential" goods, with or without permission from the relevant right holder. You don't have to be an "unfriendly" country to fall prey to this. As long as it is on the list of essential goods, everything is covered.

The law, or at least its main articles, will remain in effect until December 31, 2024. It will likely be extended if the geopolitical situation in Belarus has not improved by then.