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Gorbachev Asks Gates to Intervene in Piracy Case

Posted by ScuttleMonkey on Mon Feb 05, 2007 06:14 PM
from the bit-exteme dept.
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.
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[+] Linux: Some European Moves Towards Linux 181 comments
Readers VE3OGG and FFFFHALTFFFF write in with three pieces of a global picture that is emerging of governments and corporations moving away from Microsoft and towards open source. First, France: the French automaker Peugot Citroen has announced that over the next several years they will be integrating up to 20,000 Novell SUSE desktops as well as 2,500 SUSE servers into their facilities. (Let's hope that, in Novell, Peugeot Citroen hasn't bought a lemon.) Next, Sweden: the Swedish Armed Forces has made a decision to migrate its Windows NT servers to Red Hat Enterprise Linux. Finally, Russia. VE3OGG writes: "It would seem that after the recent Russian piracy debacle that could see a school headmaster jailed in a Siberian work camp for purchasing pirated copies of Windows for his school, the Ministry of Education in Russia has decided that the school boards will no longer be purchasing any commercial software."
[+] Teacher Avoids Getting Sent to Siberia For Piracy 252 comments
Piracy Support Line writes "Russian principal Alexander Ponosov will not be visiting Siberia any time soon, at least not for the allegedly illegal Microsoft software that were preloaded on the computers they bought and Microsoft supported the reseller's story. Although Bill Gates rejected Mikhail Gorbachev's personal appeal for mercy on behalf of the teacher, the judge was kinder. Judge Elvira Mosheva decided to dismiss the case because 'Microsoft's financial damage is too insignificant for a criminal investigation.'"
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  • by drewzhrodague (606182) <drew&zhrodague,net> on Monday February 05 2007, @06:15PM (#17896246) Homepage Journal
    In Soviet Russia, Bill Gates hates YOU!

    I'm sorry, I had to.
    • by icyblackhandofdeath (1018880) on Tuesday February 06 2007, @01:18AM (#17900642)
      I lived in Russia for two year. The problem with this as I see it is that outside of Moscow/St. Petersburg it is nearly impossible to find a legitimate copy of Windows. I've never seen one anyway. The same goes for music and DVDs, I wouldn't have known where to go to get a legit copy of anything, but the pirated versions were EVERYWHERE. In Russia they can just assume that anyone with a computer has something illegal on it. I would imagine that many people don't even realize that they're using pirated software, they're just using the software that they bought from some vendor on the street, and that's what everyone else in the whole country is doing, so why shouldn't they? It's probably mostly the teens who are more connected with the rest of the world through the internet cafes that have a good understanding of what's pirated and what's not. A lot of the adults, especially the farther you get from the capitol, don't even understand what piracy is. Computers are not ubiquitous the way they are in America. Just my $.02, having lived in Russia.
  • by yagu (721525) * <yayagu@g[ ]l.com ['mai' in gap]> on Monday February 05 2007, @06:16PM (#17896264) Journal

    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.

    • by SydShamino (547793) on Monday February 05 2007, @06:25PM (#17896428)
      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.

      It's possible the schoolmaster assumed he could make unlimited copies of the software for non-profit, academic use only. If he works at a school that has to watch every penny in its budget (like 90% of schools in the world), and he makes barely enough to live on himself (like 90% of teachers in the world), he probably assumed Microsoft would not attempt to charge a price that he and his school would be unable to pay.

      Clearly Russian schools need a donation of 10,000 Kubuntu live CDs. This will provide them with well-needed coasters, and maybe a few schools would try it out and switch to legitimate software rather than risk having their teachers sent to Siberia.
          • by networkBoy (774728) on Monday February 05 2007, @07:51PM (#17897772) Homepage Journal
            I don't know a single teacher that is any good at their job who doesn't grade papers at home (unpaid), buy some amount of supplies for their class (unreimbursed), and as a result make far less than average on an hourly basis.
            -nB
          • by Adriax (746043) on Monday February 05 2007, @07:57PM (#17897862)
            Both parents, 2 siblings, and a couple extended family members are all teachers, or in the case of my father superintendent.
            Yes pay is ok, it's not stellar but it's good, though raises and cost of living increases rarely ever happen.

            Benefits are excellent, summers off unless you opt for extra pay through summer school teaching. Good medical insurance for free, my dad's gets free generic drugs and anything over $200 in medical bills (including vision and dental) a year is covered 100%. Other benefits depend on tenure and position, like paid retraining, access to facilities after hours (my first real internet connection was in my dad's office, which I had free reign of after 6pm and on weekends). Some school districts recieve a lot of unnecessary grant money and budget allocation for tech upgrades, meaning at the end of the fiscal year even a small school can have $50k in unused tech cash and a need of ideas on what to spend it on.
            Biggest benefit is stability and portability. EVERY community needs teachers, and it usually takes a good decade for population growth rates to effect wether they still need 50 teachers, or just 45.

            Downsides are what turn most people off from the job. Longer hours than most jobs. Enough unpaid overtime to make an EA programmer pity you. More breakroom drama than ABC's daytime lineup. No Child Left Behind and other completely fucking stupid plans and regulations. Daily exposure to more infectious diseases than most doctors will ever see (this is why they don't skimp on the medical insurance).
            Kids who wish you were sent to a siberian prison camp. Parents who ignore the fact their little angel is a holy terror and attribute everything from bad grades to disciplinary issues on your incompetence (so what if little billy was caught cheating, sleeps in class, and has started 3 fights this week alone, YOU hate him and are singling him out for undue punishment and failing grades). Parents who will do anything to correct any percieved issues with little angel's grades (death threats, my dad as a principal got dozens from parents looking for a way their kid won't fail 3rd grade again).
          • by pluther (647209) <pluther@us[ ]et ['a.n' in gap]> on Monday February 05 2007, @09:20PM (#17898802) Homepage

            ...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.

      • by tchuladdiass (174342) on Monday February 05 2007, @06:40PM (#17896704) Homepage
        In some states in the US, there is a distinction between "ignorance of the law" and "ignorance of the facts". In your receiving stolen goods example, if a person had no reason to believe that the goods were stolen then there is no charge (althought the goods would still be forfieted). For example if you bought a plasma tv at Walmart that ended up in their supply chain via a crooked vendor then you wouldn't be charged with any felony. However, buying the same plasma tv out of the back of someones van for $50.00 could land you in hot water because a reasonable person should conclude that the merchandise was stolen property (the low price, the circumstances of purchase, etc).

        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.
      • > Ignorance is not an excuse

        When the legal code in the US fills entire floors of a stadium sized library how in the world can ignorance not be an excuse? There isn't a single person in the nation who knows all of the laws.

        We do not have too many criminals. We have too many laws.
  • by RichMan (8097) on Monday February 05 2007, @06:22PM (#17896372)
    Ok so how many north american students are ripping the authentication stickers off school owned Dell machines and keying the phone number to the BSA in as they read this.

    Reporting your teacher/principal to the BSA, priceless.
        • Re:Inspired students (Score:4, Informative)

          by PPGMD (679725) on Monday February 05 2007, @06:40PM (#17896686) Journal
          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.
          • Re:Inspired students (Score:5, Interesting)

            by numbski (515011) * <numbski AT hksilver DOT net> on Monday February 05 2007, @07:11PM (#17897218) Homepage Journal
            You don't understand how much this annoys me. I wouldn't let the BSA in my front door, let alone comply with any "audit". They aren't a government agency, nor a legal authority. They aren't allowed on my property, under any situation, and I've made all of my staff aware of that fact. The answer to BSA, or "Business Software Alliance" is "Please leave our property or we will call the police. This facility runs Linux and Open Source Software." If they don't leave, call the police and have them removed.

            End of discussion.
  • by Peter Trepan (572016) on Monday February 05 2007, @06:22PM (#17896382)
    We wish to send convicted pirate to Siberia for cracking Windows Vista, but can not afford police. Please to apprehend him personally.
  • by gasmonso (929871) on Monday February 05 2007, @06:24PM (#17896400) Homepage

    This isn't a case about Microsoft going after a teacher. The real issue here is the pressure that the US puts on countries that want to join the World Trade Organization. The hypocrisy here is ridiculous. Look at China and the rampant piracy there.

    But this leads to another issue and that is pricing. The cost of software is way out of reach for most of these countries. Piracy becomes the only alternative (besides open source of course).

    gasmonso
  • by User 956 (568564) on Monday February 05 2007, @06:24PM (#17896410) Homepage
    If convicted, Alexander Ponosov could face detention in a Siberian prison camp for his crime.

    Imprisonment? I thought the russian government just poisoned everyone with Polonium 210 these days.
  • by StikyPad (445176) on Monday February 05 2007, @06:26PM (#17896454) Homepage
    Mr. Gorbachev: Tear down that firewall.
  • wrong tree (Score:4, Insightful)

    by Tom (822) on Monday February 05 2007, @06:26PM (#17896456) Homepage Journal
    Talk about balking up the wrong tree.

    Mr. Gorbachev, with all due respect, you should have checked for Gates past [wikipedia.org] before making yourself ridiculous.
  • by AftanGustur (7715) on Monday February 05 2007, @06:30PM (#17896540) Homepage


    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.

  • by edwardpickman (965122) on Monday February 05 2007, @06:32PM (#17896564)
    This is more about "Russia" using pirated software than the teacher. The teacher is being made the scapegoat for the system. What he's really asking for is Microsoft to look the other way when Russia uses their unlicensed software to benefit the country. It's a sticky question and should be handled more from a marketing standpoint. The problem is just how big a market is Russia for legitimate copies of Microsoft software? If nearly all is pirated and the Russian government is using classrooms to promote it's use then it's benefitting Russia but not Microsoft should Microsoft stand by and let it happen? The teacher shouldn't be prosecuted no matter what because it's fairly obvious officials were aware he was using and I'm sure many are doing the same. The point ultimately is if Russia can't aford or is unwilling to pay for the software should they still have the rights to use it? Does it create an unfair advantage when they have workers learning to use software on pirate copies that will in turn work for a fraction of the cost of US and Europeon programmers? These type of practices put the west at a massive disadvantage. The company I work with wants to outsource our current joint venture to foreign programmers to save money. I'm against it but I got overruled. I'd rather see people paid properly for their work where ever they are but more and more companies will be taking advantage of cheap foreign programmers. Eventually to compete most will have no choice.
  • by Anonymous Coward on Monday February 05 2007, @06:34PM (#17896588)
    you are friend no? i like friend and you microsoft software. if you like i upload picture of my sister make sex to internet for you.

    i am use your software for free because we very poor in kazakhstan. if sue for pirate i have my hand cut off and not upload pictures of my sister make sex. i am very poor to buy software and only own 1 goat but if you like i upload picture of make sex with goat. you like huh?

    you friend,

    Borat Sagdiyev
  • Microsoft declined (Score:4, Informative)

    by HappyDrgn (142428) on Monday February 05 2007, @06:38PM (#17896656) Homepage
    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]
  • by bigpat (158134) on Monday February 05 2007, @06:42PM (#17896738) Homepage
    You get what you pay for, but you never know what virus you are going to get. Better to get it for free with a faithful and honest Ubuntu.

    Seriously, at some point when they start threatening you with being sent to prison in Siberia.... I think it is proving a bit too dangerous to be using Microsoft products. It just isn't remotely worth this type of bullshit.
  • by Sargeant Slaughter (678631) on Monday February 05 2007, @06:51PM (#17896900) Homepage
    Obviously Bill Gates has no control over the Russian judicial system. However, Gorbachev's appeal is more to show the connection between big business and governments around the world. While it may not do anything legally, it certainly paints M$ iin a bad light (and Putin). This is perhaps our only way of fighting powerful corporate interests. We call out the REAL culprits and hurt their image (and perhaps profits) with an expose. If we want to be successful we have to use the media to fight these companies and their desctructive practices. Of course M$ will try to distance themselves from the case.

    If this teacher has the backing of people like Gorbachev, I doubt he will spend any time in a gulag. I am a lot more concerned about the poeple who never make it into the headlines...
    • Re:oh no! (Score:5, Funny)

      by ettlz (639203) on Monday February 05 2007, @06:53PM (#17896940) Homepage Journal

      Whoa! Do those GULAGs still exist??? I thought they were done away with!

      All those MP3 files didn't type their contents into those Russian redistribution sites by themselves, you know.