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.

Comments

do the crime, do the time?

[yagu]

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?

[Anonymous Coward]

>Gorbachev argues the nuance he didn't know he was committing a crime. That to me sounds like splitting semantic hairs.

Not really. The courts require Mens Rea 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.)

Re:do the crime, do the time?

[tchuladdiass]

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.

More the system than the individual

[edwardpickman]

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.

Re:Inspired students

[numbski]

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.