Gorbachev Asks Gates to Intervene in Piracy Case 331
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.
do the crime, do the time? (Score:4, Interesting)
I don't know, did this schoolmaster knowingly "pirate" his software? It's not clear to me from the article. Gorbachev argues the nuance he didn't know he was committing a crime. That to me sounds like splitting semantic hairs.
That said, I believe if someone knowing commits an infraction, they should be able to sustain the punishment. But, I don't always agree with the punishment in light of the crime. The world of software piracy is especially troubling to me.
It seems too much onus is put on the pirate and little on the accuser to carry the final outcome. I know if laws were enforced strictly I would have done some time -- I was once unpleasantly surprised to fire up Excel at a corporate computer to find my name and my license info plastered all over the screen... Someone had pirated my legitimate copy, but how to prove my innocence?
I've heard if you want to change a bad law, enforce it strictly. Maybe a few cases like this could bring more light to the heavy-handed tactics against the little guys (don't know if this one of those cases, but it certainly has the signature).
Unfortunately, I see the outcome of this as a huge PR win for Microsoft, and I think Gates may actually take the bait. This adds to his recent buildup of reputation as world benefactor. If he has Microsoft withdraw the complaint (or offers up some benevolent deal), Microsoft gets a PR coup. And, that would be a shame.
Re:Rediculous solution (Score:3, Interesting)
Last time I checked, software piracy is a copyright issue, not an issue of material theft. Microsoft is not the 'item manufacturer' in this case; they're the copyright holder. As such, Bill Gates is very relevant to this matter.
Important nuance: small village school (Score:2, Interesting)
Re:do the crime, do the time? (Score:3, Interesting)
Depends what crime. A lot of felonies in the US have language that states "... with malice aforthought
-b.
More the system than the individual (Score:5, Interesting)
bunch of assholes (Score:2, Interesting)
Re:do the crime, do the time? (Score:3, Interesting)
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".
Ignorance of the law actually is a defence when it can be proven the defedant truly could not have known something was either wrong or a crime. It isn't a defence for things that are obviously wrong with or without law, like murder, but for something like taxes, which, if unpaid because someone had no knowledge it was required, it can be. An extremely difficult defence, though. Which is why having a well known person who was leader of the country, like Gorby, on your side is important.
(I'm assuming this isn't a tort case since jail time is involved.)
10K of Kubuntu doesn't scratch the surface (Score:3, Interesting)
This presumes of course that there is enough hardware. There is not.
The old koan that states that you can't satisfy hunger by looking at a picture of a fish applies here.
This is actually part of the same campaign that's trying to make Gates, his foundations (and those cute pictures of Patty Stonecipher) all make us think nice things in the light of the disaster of Zune, Vista, and many other things Microsoft.
Mod me down as flamebait, but I'm merely the oxygen, not the spark. Microsoft is the fuel. Nothing to see here. Move along.
Re:do the crime, do the time? (Score:5, Interesting)
So, if the same principle were to be applied, then this schoolmaster shouldn't have been charged since he aquired the equipment from a seemingly legitimate source. Of course, now we've blended UK, US, and Russian law all in one discussion.
Re:Gates just Declined (Score:2, Interesting)
Did you read the article you posted? It's a CRIMINAL case, being brought by local law enforcement, not Bill Gates, you dolt. Besides, if MS did call up the local prosecutor to ask them to back down, then MS would be *flooded* with requests for amnesty from people all over the planet. I think that if anybody, Gorbachev is going a bit soft in the head. It was a ridiculous request.
Putin Running for President of PirateBay (Score:3, Interesting)
Re:Gates just Declined (Score:3, Interesting)
But the article you linked mentions that Putin has already said that prosecuting this guy is ridiculous. If Putin can use some pressure to stop the prosecution, it makes him look good. If you make Putin look good, the doors open even wider for you in Russia.
Gates and MS are not dummies. This will end up working out quite well for them.
Re:Don't petition Microsoft (Score:3, Interesting)
Or just collect to bribe the warden US$50k to allow the inmate to 'disappear'?
-b.
Re:do the crime, do the time? (Score:3, Interesting)
How is this different than hard time for stealing a loaf a bread? We've finally allowed a belief in corporate BS-wrapped self-interest almost religious in magnitude to push back human rights to Hugo's time. Siberian prison for using software? What have we become? Incidentally, my understnding is the Soviet system for IP was very much different than the West's. All of it was State owned. Implying that a back water school teacher was in some way acting in a 'nefarious' manner and knew the consequences of contravening fast changing WIPO statutes is almost beneath contempt.
Re:Inspired students (Score:5, Interesting)
End of discussion.
Re:do the crime, do the time? (Score:1, Interesting)
Prison isn't the place for such people (Score:3, Interesting)
Why are people sent to prison for copyright infringement? sure, it can cause lost sales, but the court case should be asked to prove if the accused would have purchased the product otherwise.
When the copyright infringement is on a mass scale, ie. pirate copies duplicated in the thousands and sold, then yes these people have caused damage and should be punished.
Re:do the crime, do the time? (Score:2, Interesting)
I am very grateful that I am not a teacher because I can't imagine using my personal funds when on a teacher's salary. I am still resentful that I feel the need to put so much personal funding from my own wallet in order to help have the kids a decent school setting, and I make significantly more than a teacher. I truly think that without teachers putting in their personal funds, the school system in this state (California, I can't speak for other states) would completely fall apart. Not that they would have far to go. I am sure that it is much more difficult in somewhere like Russia to provide a decent learning environment for students. I think it is a sad day when Russian dictators like Vladimir Putin demonstrate more generosity than the head of an American corporation. Sad, unfortunately I guess not very surprising.
Re:In Soviet Russia... (Score:3, Interesting)
As for schools, they are so underfunded it's no surprise that most of them run all pirated software. Same goes for universities. The one I studied in, we used WinNT4, Office97, MSVC6 and Delphi 3 on all the ~100 PCs we had - all pirated, of course.
Re:Prison Camp (Score:1, Interesting)