Gorbachev Asks Gates to Intervene in Piracy Case

An anonymous reader writes to tell us that former Soviet leader Mikhail Gorbachev has asked Bill Gates to intervene in a software piracy case against the headmaster of a middle school. If convicted, Alexander Ponosov could face detention in a Siberian prison camp for his crime.

Gates just Declined

[AftanGustur]

In an astonishing move, Mr. Gates has rejected the proposal! [iht.com]

I wonder if Mr. Gates gets a stiffy by a brutal demonstration of his powers, by crushing the life of a simple teacher.

Microsoft declined

[HappyDrgn]

From another source, it would seem Microsoft is not interested in helping Gorbachev...

"Microsoft on Monday rebuffed a public appeal by Mikhail Gorbachev for its chairman, Bill Gates, to intervene on behalf of a Russian school principal charged with software piracy." - http://www.iht.com/articles/2007/02/05/business/pi rate.php [iht.com]

Re:Inspired students

[PPGMD]

Not likely BSA audits are more painless then people think. One of my clients underwent a BSA audit, it wasn't nearly as painful as people claim, and they were in the exact situation described, no proof of OEM copy of Windows on hand, these were Windows 98 machines before the COA sticker became common place. They simply pulled up the paperwork to show that they purchased it with the computers, and it was all hunky dory.

And This Astonishes You Because...?

[ewhac]

Gates has been whining about people "stealing" his software since the late 1970's. For him to come to the defense of an accused copyright infringer, even if that person was an innocent victim of counterfeiting, is simply politically impossible. To do so would sharply undermine Microsoft's poster-child status as the world's biggest "victim" of unsanctioned copying, and would make the intolerable suggestion that the position he's staunchly maintained for the last thirty years as a clear-cut black-and-white issue is, in fact, considerably more nuanced than he's claimed.

Schwab

... but Putin steps forward

[ja]

"To grab someone for buying a computer somewhere and start threatening him with prison is complete nonsense, simply ridiculous," Putin said. "The law recognizes the concept of someone who purchased the product in good faith."

Re:do the crime, do the time?

[Gverig]

Original letter says that the teacher bought computer with pre-installed software and was not aware of its being illegitimate. Does not really mean that it's true although seems quite possible. For reference, this teacher's salary was probably well below $100/month (Perm is hardly a commerce center)... The letter also mentions that organization that sold said computers to the school is not being investigated.

This is the Justice Russian Style

Re:do the crime, do the time?

[paeanblack]

Not really. The courts require Mens Rea [wikipedia.org] before they can convict. No Mens Rea, no culpability, no crime. This is a basic requirement and can't be avoided (unless Russian corts are very, very weird). A bit on the scale of "No body, no crime".

That is false. Mens Rea does not apply in this case.
http://www.lawteacher.net/Criminal/Principles/Stri ct%20Liability%20Lecture%201.htm [lawteacher.net]

Infringing copyright is a strict-liability offence. The offender's state of mind is irrelevant in such offences. Well-known strict-liability offences include most traffic violations or statutory rape. It does not matter if you thought the parking space was legal or if you thought your partner was an adult...you are just as guilty either way.

On the other hand, you can't be punished for Mens Rea in a strict-liability offence. You cannot receive a ticket for "attempted speeding", no matter how hard you push that Yugo.

ahistoric reference

[Anonymous McCartneyf]

When in doubt, include the name of the work: Les Miserables. Those people who don't know this story from Hugo might know it from Lloyd Webber.

Re:What is wrong with people?

[drinkypoo]

Seriously, what is wrong with this guy?

If he is to be believed, nothing. He purchased these computers with Windows on them. He is a schoolteacher. Unless he is some sort of computing instructor, how do you expect him to know that he must have a holographic-thread-equipped certificate of authenticity for each computer?

There is no excuse for helping yourself to Microsoft's software, other than ignorance and laziness, especially in education, where being a virus vector and consumer of Project documents are not primary concerns.

As soon as you can show that he did so, you'll have an argument. We don't know what went on in that court, other than a teacher potentially being sent to siberia for an alleged act of piracy, which is fucking ridiculous even if he did violate copyright himself. However, again assuming he is telling the truth, the person or people who actually did violate copyright work for the shop where he bought the PCs.

Check yourself, laddie.

Re:Inspired students

[OhBoy!]

Except that they can and will show up with police and a court order. Do a little googling, there is enough precedent for this.

Re:do the crime, do the time?

[pluther]

...you are correct, they make about 8% more than the average worker.

That's 8% more than the average of all workers.

Teachers, though, are degreed professionals.

When compared against other degreed professionals (page 5 of that same document), you'll see they make considerably less. In 2004, about 60% of the average for other professions that require a four year degree plus certification.

Re:What is wrong with people?

[zakezuke]

There is no excuse for helping yourself to Microsoft's software, other than ignorance and laziness, especially in education, where being a virus vector and consumer of Project documents are not primary concerns.

From TFA, the guy bought machines with windows on them. That's a pretty good excuse. If you've seen the russian bootleg edition of windows you'd notice they look professional. I would say they look more professional than many PCs sold here... esp ones that don't include anything to sugest they came with windows except a little sticker.

In fact, at least in America, Microsoft offered free licenses for software if one got their product through a vendor and thought they were legit so long as they provided infomation as to where they got their software from. I.e. if "Joe's computer" sold you a machine with windows, and it wasn't legit, you got free windows for being a MS-Rat.

The problem with this program... no bugger can tell by looking at a PC whether or not it's legit or not. The only way an end user might have a clue is the WGA warning, which just so happens to not apear on specialy produced pirated editions of microsoft windows corp pro.

Lazy or ignorant? My ass! You have to be freaking diligent to verify every single license key you have is legit, a task only microsoft can do, and even then you run the risk of their database being wrong.

Re:Prison Camp

[Anonymous Coward]

You've got the ethnic groups mixed up. Genocide is a German thing - Slavs do ethnic cleansing.

Re:Inspired students

[DrRevotron]

subpoena duce tecum ("dü-s&s-'tE-k&m): a writ commanding a person to produce in court certain designated documents or evidence.

Sure, you can call the police, but that'll be kind of hard if they're the ones that come a'knockin'. It doesn't matter that you use open-source software. What does matter is (in the case of a workplace or other public location) is that you contractually protect yourself from what your employees/customers do with your internet connection.

Re:Inspired students

[Anonymous Coward]

Here in Croatia, they come with the inpector from police. And yes, they're not an legal authority, nor an government agency. However, they do have a power to bring police inspector with them and if you protest, they take you for guilty. So basically they're armwrestling people to let them do the audit, or face the challenges of proving innocence in the court.

Re:Prison Camp

[slim]

Siberian Prison Camp is a little hard core for a Bootleg OS. Hope they don't catch me, they might try to genocide my ass or something.

The phrase "Siberian Prison camp" has some pretty heavy connotations. But the Stalin era ended decades ago.

All we really know is:

• It's a prison -- people are detained there
• It's a camp -- whatever that means in this context?
• It's in Siberia -- a vast and, in places, beautiful, area of land. Cold though. And traditionally somewhere enemies of the state were exiled even before the Russian revolution.

So we don't really know how harsh this punishment will be. It could be anything from a couple of months in an open prison, to several years breaking rocks on a diet of cold poison.