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.
In Soviet Russia... (Score:5, Funny)
I'm sorry, I had to.
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Hm, now wouldn't that be convenient...
Re:In Soviet Russia... (Score:5, Funny)
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If you're going to be inside the gulag, wouldn't you want there to be more vulnerabilities??
Dude. Gulag is in Siberia. Is very cold. Last thing you are wanting is holes in the firewall, dig?
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The teacher was a Notes user.... (Score:3, Funny)
Re:In Soviet Russia... (Score:5, Insightful)
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As for schools, they are so underfunded it's no surprise th
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:do the crime, do the time? (Score:5, Insightful)
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.
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
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Horsehockey [opinionjournal.com]. Not saying Windows isn't overpriced (although there is now a version for developing countries), teachers, at least in the US, are paid better than most white collar workers.
Re:do the crime, do the time? (Score:5, Insightful)
-nB
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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
I live with one. I've also worked in the education system. Our combined observations are:
Teaching pros and cons (Score:5, Insightful)
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).
Re:do the crime, do the time? (Score:5, Informative)
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.
Get off of my cloud! (Score:3, Insightful)
The teachers don't always repeat the script because they want to. They repeat the script because their students have to do well on standardized tests that school boards and the government force on them. Originally, they had to score well because schools with better scores got a better class of student, one with parents who could pay the taxes to impr
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Well, if MS had a smart policy, they'd donate their software to Russian, Chinese, and Indian schools on the same theory why the first hit of crack or meth is free - once they're hooked, you have a customer for life.
-b.
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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. I
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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-
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If the headmaster was indeed knowingly at fault, charge the school full retail for the appropriate software and be done with it.
Likely that the headmaster was only doing what was possible under his restrictive circumstances.
I'll bet this convinces other headmasters to look for Linux mixmasters to load and run open source...real quickly.
Re:do the crime, do the time? (Score:4, Informative)
This is the Justice Russian Style
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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
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"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."
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.
I agree completely... hence my comment about changing a really bad law (or system of law) by enforcing it strictly. Unfortunately I'm not sure I see that as any likely result for this case. (And, btw, careful about your historic references... does anyone today even know who Hugo is anymore? To the Victors... (I do, one of my faves actually.)
ahistoric reference (Score:3, Informative)
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but how to prove my innocence?
You don't have to prove your innocence. It's the prosecution that has to prove your guilt. If they can't, you're innocent.
Everybody should know this, because it's a very important principle in all democracies. It's part of the principle of rule of law [wikipedia.org].
In fact rule of law is so important that there's only a single exception among all the democratic countries. This exception is when the United States accuses you of terrorism. Then you become so extraordinarily scary that proof and rule of law no longer apply
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Depends what crime. A lot of felonies in the US have language that states "... with malice aforthought
-b.
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.
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Re:do the crime, do the time? (Score:5, Insightful)
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.
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>Why not?
It's an ancient legal doctrine, dating since Roman times: "Ignorantia juris non excusat" [wikipedia.org] (ignorance of the law is no excuse). It would be much to easy to break any law and plead ignorance.
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Prison Camp (Score:3, Funny)
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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:
So we don't really know how harsh this punishment will be. It could be anything from a couple of months in an ope
Rediculous solution (Score:2, Insightful)
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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.
Inspired students (Score:5, Funny)
Reporting your teacher/principal to the BSA, priceless.
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Re:Inspired students (Score:4, Informative)
Re:Inspired students (Score:5, Interesting)
End of discussion.
Re:Inspired students (Score:4, Funny)
I think you'd be making a BIG mistake taking that attitude.
Instead of threatening them with police involvement, try inviting them politely in to a special waiting room with modern looking, yet incredibly uncomfortable, furniture and ask them to wait until your company's Microsoft Purchasing Officer is ready to answer their queries.
When it's time to lock up and go home, tell them they are welcome to come again the next business day, or you can call them when you actually hire a Microsft Purchasing Officer if they'd prefer.
Re:Inspired students (Score:4, Funny)
Dear Bill Gates: (Score:5, Funny)
Missing the bigger issue (Score:5, Insightful)
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).
gasmonsoRe: (Score:2)
imprisonment? (Score:5, Funny)
Imprisonment? I thought the russian government just poisoned everyone with Polonium 210 these days.
Explain this to me (Score:2, Insightful)
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However, in this case we ask you to show mercy and withdraw your complaint against Alexander Ponosov
Unless Gorbachev is confused, it would appear MS is taking legal action against the man. Pretty much suing for damages from the act of piracy, it would seem.
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Pay the customary $50 bribe to the police and the $100 bribe to the judge.
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Six Words from Bill (Score:5, Funny)
wrong tree (Score:4, Insightful)
Mr. Gorbachev, with all due respect, you should have checked for Gates past [wikipedia.org] before making yourself ridiculous.
Dan Sokol is my hero (Score:2)
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Important nuance: small village school (Score:2, Interesting)
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How good is Cyrillic/Russian support in those applications? Not just for fonts, but menus and help screens...
-b.
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Gates just Declined (Score:5, Informative)
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.
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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.
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Duhh, think a tiny bit and you'l see that this is actually a *political* case.
Russia has been trying for years to join the WTO and the USA has been blocking it's attempts, mainly on the bases that it doesn't enforce US copyright (When a commercial entity can manipulate foreign policy in this way, there is a problem) and this copyright case in mainly to demonstrate the will of the Russian government to enforce copyright and the said case is seen as a test example.
The sad thing is that the teacher, from
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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 i
And This Astonishes You Because...? (Score:3, Informative)
... but Putin steps forward (Score:3, Informative)
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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.
Perhaps, but he _had to_ decline. And Gorbachev is the one to blame. Had he done it privately, perhaps MS would have done something. But in this public way, Gates can NOT accept. Yeah, it looks really, really shitty that he declined -- and I think it's really, really shitty -- but had Gates accepted, he would have looked soft on piracy at the very moment he's telling everyone he's not under any circumstances.
Blame MS all you want for our having to deal with this B.S. in the first place, but Gorbachev conde
More the system than the individual (Score:5, Interesting)
Dear Mister Gate (Score:5, Funny)
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
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bunch of assholes (Score:2, Interesting)
Don't petition Microsoft (Score:2, Insightful)
Microsoft for the moment has no expansion plans into humanitarianism.
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Or just collect to bribe the warden US$50k to allow the inmate to 'disappear'?
-b.
Microsoft declined (Score:4, Informative)
"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/p
Using Windows is like having sex with a prostitute (Score:5, Insightful)
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.
Piracy == Gulag (Score:2, Insightful)
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Well, this is Russia, which had the infamous Section 58 law up until 30 years ago or so. One of the subsections punished "counterrevolutionary thoughts" with either death or a long prison sentence (25 years in the camps IIRC).
-b.
What is wrong with people? (Score:4, Insightful)
Seriously, what is wrong with this guy?
Nowadays we have Free and Open Source Software that is "free and in speech and beer", better quality, more flexible, more useful and more user-friendly than Microsoft's stuff.
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.
Shout loud, let the world know.
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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?
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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 cam
He didn't know (Score:3, Insightful)
Now, this particular case of enforcement might be a bit over the ability of the offender to pay. However, that is besides the point. The problem is that much of Russia probably doesn't understand. Or, if you pay attention to the Internet, much of Russia probably doesn't care, either.
This isn't just about mega-corporations squeezing the last time from people. This is the whole concept of "intellectual property", rights, restrictions and licensing. These folks probably wouldn't know (or care) what the rules for GPL software are either. So this is not something that does not affect those hating the MPAA and RIAA. It affects anyone that creates something and does not release it completely without restriction to the public domain.
GPL is a restricted and legally obligating license and does not fall under the idea of releasing something completely without restriction to the public domain. Creative Commons licensing is not (usually) the same as releasing to the public domain. BSD licensing is closer but still not the same as "without restriction" in the public domain.
Without some education, these people that just don't know they are doing something wrong will continue and teach children to grow up and violate copyright, the GPL, Creative Commons and every other sort of license you can imagine. Is educating them by sending them to a prison came correct? Maybe not. But just writing it off isn't correct either.
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MAYBE not? Uhm, definitely not. Maybe a fine or some community service may be appropriate. But taking the guy away from his family and pupils for years for a crime committed without mens rea - he had bought
RTFA, he didn't know THAT COPY was pirated (Score:2)
Appealing to the wrong place? Or not? (Score:5, Insightful)
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...
Putin Running for President of PirateBay (Score:3, Interesting)
The summary I submitted... (Score:2)
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Russia collapsed from within (due, to some extent to external forces as well as anger at Soviet abuses and mismanagement i.e. Chornobyl). It was never invaded by a foreign power who could force the issue of trials. The worst abusers from t
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.
The world has really lost it... (Score:3, Insightful)
1. Nobody should do prison time for infriging on a copyright. At least not when said infrigment is not part of a for profit activity. Even if you are one of those people that thinks copyright infringment and theft are not different, we still don't lock people up for shop lifting unless they are repeat offenders. We demand they make restitution and perhaps perform some community service as penence. As I say all the time the crime is not 100 times worse just because a computer was somehow used.
*yes this guy should be punished, just not so severly.
2. The other group of people want to argue that boohoo he can't afford Windows and other proprietary software and neither can alot of people in less well off parts of the world therfore they should be entitled. Look I think software copyrights and patents are lame, but for now the law is the law. You might and in my opinion probably are morally justified in brakeing it, especially if its in the name of makeing a social statement but if you do then you have to face the concequences. This is not like food or medicine nobody *needs* Windows period. If someone is only licensing their software/media for money you have choices, pay for it, infringe on it and take your chances, make your own, do without, or find a FOSS replacement.
*No we should not just let him off because he is the little guy getting screwed by big corporations and governments.
Those writing the curriculums are at fault. (Score:4, Insightful)
The root of the problem is that forced use of proprietary software in education will always lead to this 'theft', whether teacher, student or both. Most students and most schools are barely getting by.
Re:oh no! (Score:5, Funny)
All those MP3 files didn't type their contents into those Russian redistribution sites by themselves, you know.
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The prison camp system started in the 17th century and survived many tsars and the communist regime. Regime change didn't get rid of it, though it may have reduced its severity and the quantity of prisoners sent up. Remember that Siberia has a harsh climate but a lot of natural resources, so people didn't voluntarily go there. The existence of the system was an economic expedient as well as a political one. Also there were sentenc