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Teacher Avoids Getting Sent to Siberia For Piracy

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.'"

252 comments

  1. Let me... by hawkeye_82 · · Score: 1

    Let me be the first to say... "Ha Ha"

    1. Re:Let me... by Anonymous Coward · · Score: 0

      In Soviet Russia, Microsoft pirates you.

    2. Re:Let me... by WwWonka · · Score: 0

      Wow! I'm truly shocked it took that many posts to get down to the first "In Russia..." joke reference!

      Don't tell me that everyone else is side tracked wondering "is Anna Nicole's kid mine"!?

    3. Re:Let me... by Anonymous Coward · · Score: 0

      Let me be the first to say, "1991."

  2. Good by pembo13 · · Score: 1

    Good. Guy deserves something for the trouble he went through.

    --
    "Thanks for all the money you paid to us. We've used it to buy off ISO among other things" -Microsoft
    1. Re:Good by Anonymous Coward · · Score: 2, Funny

      Send him some ubuntu discs

  3. Let me... by Anonymous Coward · · Score: 2, Funny

    Let me be the first to say "In Soviet Russia..."

  4. What did you expect? by Creepy+Crawler · · Score: 4, Informative

    Lemee see....

    1: Administrator buys what he thinks is a legit copy. It isnt.
    2: Gorbachev AND Gates are tossing words around. Erm, HOLY SHIT. Big names in each corner.
    3: Russia already has warned any researcher in coming to the USA (dmitri skylarov vs adobe)
    4: Do we trust a US company or open source that anybody can review? China already supports Red Flag Linux.
    5: Putin came out in defense of the administrator. What he says, goes.

    Need we say more? The cards are stacked against MS. They back off, and then they go "soft" on copyright violations, but they are the big bullies if they do go ahead.

    --
    1. Re:What did you expect? by Max+Littlemore · · Score: 5, Insightful

      Need we say more? The cards are stacked against MS. They back off, and then they go "soft" on copyright violations, but they are the big bullies if they do go ahead.

      Microsoft didn't go soft on anyone. They weren't suing, it was a criminal matter (ie state vs. defendant) and whether or not Microsoft approved was almost irrelevant. Again. this had little if anything to do with Microsoft.

      They did miss a golden opportunity for good PR by speaking out about it, but in the end the decision came down to the judge. It wasn't Microsoft's place to go soft or hard or otherwise.

      --
      I don't therefore I'm not.
    2. Re:What did you expect? by someone1234 · · Score: 1

      Wait, it wasn't M$'s puppet organisation, the local BSA who sued the poor guy in the first place?

      --
      Patents Drive Free Software as Hurricanes Drive Construction Industry
    3. Re:What did you expect? by rifter · · Score: 3, Funny

      5: Putin came out in defense of the administrator. What he says, goes.

      So a guy who gasses his own people, murders journalists, fixes elections and tries to kill the guy who won when it didn't work ... is more merciful, reasonable, and just than Bill Gates. Damn. You would think this would be a wake up call for Bill Gates.

    4. Re:What did you expect? by puppetluva · · Score: 1

      You would think this would be a wake up call for Bill Gates.

      No, it's a wakeup call for everyone who thought Microsoft was led by decent people.

    5. Re:What did you expect? by RightSaidFred99 · · Score: 1
      Yeah, I mean it makes good sense to take a stand _against_ your own business interests. I'm sure every pirate in the world wouldn't come out with some sob story then and try to get sympathy. Your point is ridiculous - him coming out in this guy's defense would have been untenable.

      The guy didn't get prosecuted anyway, so where exactly is the evil being done here?

    6. Re:What did you expect? by KKlaus · · Score: 1

      No, they didn't miss a golden opportunity, and in fact it would have been a major blunder had they done anything other than what they did, which was politely say that they support Russia's ability to make its own decision. Can you imagine what a disaster it would be if they set a precedent for letting people off the hook, if it seemed like the right thing to do? Now MS would be inundated with similar requests, from single moms, other teachers, etc, and what then? Either they let those people off too, and now get even _more_ requests, or they (publicly) say no to them. So their choice was say no once, and don't start anything, or choose to say no many many times later on (or constantly have to examine these individual cases, and waste a lot of time and money, which is no option at all). So sorry, it was kind of cold of them, but any other choice would be so stupid as to border on the insane. Welcome to the world of the corporate.

      --
      Relax I just want some peanuts.
  5. Odd... by bendodge · · Score: 3, Insightful

    The financial damage was too insignificant? That's a rather strange reason to dismiss a case, as it violates the letter of the law. It's not a bad idea, except that is has a massive potential for abuse.

    It's just sad that court costs are so high, and you can't sue for anywhere close to the actual damage.

    --
    The government can't save you.
    1. Re:Odd... by Ninety-9+SE-L · · Score: 1

      I'm glad he got off. I agree it's odd that was the reason for letting him off, but I believe the punishment he would suffer is larger than the crime committed. This is especially true since he probably didn't even know he was doing anything illegal. Bill Gates can shove it.

    2. Re:Odd... by Anonymous Coward · · Score: 0

      I think you (and the summary) did not understand the reason the case was dismissed, namely that there was not enough evidence against the suspect, AND there is no sufficient justification to conduct a criminal investigation to collect more evidence.

      This is kind of like prosecuting a guy who may or may not spit onto a sidewalk: the cost of DNA fingerprinting, blood typing, forensic splatter modelling, would far outweigh the crime.

    3. Re:Odd... by sumdumass · · Score: 1

      He knew exactly what he was doing acording to the charge that was dismissed. They changed it from "installing pirated software" to "useing the software for a week after it was known to be pirated". This would require him knowing it wasn't legit.

      The problem as I see it, Is that Microsoft made the claim it was pirated, the teacher claimed it was bought whith the computers, Microsoft investigates and stands behind the resaler who sold the computers and then the charge was moved to using the software after knowing it wasn't legit. From my point of view, either microsoft knew it came on the computer and continued pursuing this by the change in charges or the sofware was legit and the claim of it being counterfit was false but too far into the process to back out. It doesn't seem like Microsoft would go willingly to the change of the charge without there being some merit to it.

      I'm thinking that this teacher was the sacrificial lamb who's entire purpose was to inform others about pirating Microsoft's software I Russia. They probably took these computers from an activation data base and decided it was high profile enough to make national news, decided to invalidate the installs claiming pirated software and didn't count on this teacher being worried about his honor and reputation. Once commited, they couldn't back down and once his story started making sence, they couldn't object to the changes in charges because it would likley open aspects of their validation to scrutiny and show this.

      I'm also betting some public statment will be made but no appeal with the court will be made. This allows them to back out of it without anyone knowing different.

    4. Re:Odd... by kfg · · Score: 5, Informative

      That's a rather strange reason to dismiss a case, as it violates the letter of the law.

      If this were a theft you would be correct. It is not. It's a copyright violation; where intent to distribute/a dollar threshold determines whether the case is criminal or merely a civil matter.

      What the judge is saying is that based on the evidence it is unlikely that a crime has actually been commited by the accused and thus it is not worth putting the governement to the time and expense of an investigation to support a criminal proceeding.

      Bear in mind that the prosecution had, at the time of the hearing, dropped the accusation that he had himself "pirated" the software and instead he was merely accused of using it for a week.

      Making this sort of judgement is part of the job of judge; and why we call them "judges."

      KFG

    5. Re:Odd... by brpr · · Score: 3, Insightful

      The financial damage was too insignificant? That's a rather strange reason to dismiss a case, as it violates the letter of the law.

      No it doesn't. Whatever the law says, in criminal cases the prosecutor always has to decide whether or not a prosecution is in the public interest. If the damage caused by the defendant is not significant, then it probably isn't.
      --
      Freedom is not increased by mere diminuation of government. Anarchy is freedom for the strong and slavery for the weak.
    6. Re:Odd... by Max+Littlemore · · Score: 3, Interesting

      The financial damage was too insignificant? That's a rather strange reason to dismiss a case...

      ... but what an enlightened precedent it would make.

      Reminds me of someone my mum knew who was caught growing marijuana in their backyard for personal use. He pleaded guilty and then kept appealing the sentence on the grounds that the punishment should not out weigh the crime, that what he did was a victimless crime, etc. What started out as a hefty jail sentence ended up in the Federal Court (Australia) with the judge basically offering him a small fine and asking if that was acceptable to him.

      A similar precedent in IP law, where the punishment must be in proportion to the crime, would be wonderful.

      --
      I don't therefore I'm not.
    7. Re:Odd... by jonbryce · · Score: 1

      In many countries, only commercial copyright violation is a criminal offence. Non commercial violations, such as giving a CDr to a friend are a civil matter.

      If it the same in Russia, then it makes perfect sense that it was dismissed because the financial damage was too insignificant.

    8. Re:Odd... by cursorx · · Score: 1

      The sheer knowledge of Russian criminal law in this thread is striking.

    9. Re:Odd... by dunkelfalke · · Score: 1

      this is the first time i wish i had mod points.

      excellent explanation!

      --
      Conservatism: The fear that somewhere, somehow, someone you think is your inferior is being treated as your equal.
    10. Re:Odd... by gnasher719 · · Score: 1

      '' The financial damage was too insignificant? That's a rather strange reason to dismiss a case, as it violates the letter of the law. ''

      It's a perfectly good reason to dismiss a case. The financial damage was too little for the company who was damaged (Microsoft) to press charges. This is like someone stealing ten dollars from me, the police finds out somehow, and I as the victim can't even bother to press charges. Should a judge waste time on that case?

    11. Re:Odd... by Anonymous Coward · · Score: 0

      Whatever the law says, in criminal cases the prosecutor always has to decide whether or not a prosecution is in the public interest.

      this is only the case outside the USA. inside the USA it is slightly different....
      in criminal cases the prosecutor always has to decide whether or not a prosecution is in his personal interest or will it elevate him higher in his peers eyes by spanking or making an example of this person.

      American justice is incredibly corrupt, Government prosecutors espically so as they are going for higher in government office and strongly believe that if they trample enough people and their rights they can become mayor or even a supreme court judge.

      Public prosecutors are the wors of the lot. Lawyers AND politicians! They lie better than everyone else and should never be trusted in any way.

      Posting anon.

    12. Re:Odd... by orielbean · · Score: 1

      Remember, the judge refused criminal proceedings due to the insignificance and potential penalty. It doesn't rule out civil procedure, if Russian law works in a similar manner to our own system. Just like a judge would not allow an assault case to go forward if I flick you in the ear. But you could sue me later and collect damages. Civil != Criminal

    13. Re:Odd... by b0s0z0ku · · Score: 1
      The financial damage was too insignificant? That's a rather strange reason to dismiss a case, as it violates the letter of the law.

      Keep in mind, this is Russia, not America. Judges have a lot of discretion there. On the other hand, the dismissal (or even a verdict of "innocent") may well be appealable to a higher court by the prosecution. Also, in the US, juries have very similar discretion. They can decide "not guilty" for any reason, the verdict is _binding_ (not subject to an appeal) and they can't be officially asked as to why they returned the verdict. Jury nullification ... one of the powers designed to keep the system from being too harsh.

      -b.

    14. Re:Odd... by Anonymous Coward · · Score: 0

      Aside from his pretentious (and grammatically incorrect) use of a semicolon, I agree.

    15. Re:Odd... by Hatta · · Score: 1

      Odd? Yes it is kind of odd for one to expect the punishment to be proportional to the crime. At least it's odd these days.

      --
      Give me Classic Slashdot or give me death!
    16. Re:Odd... by drinkypoo · · Score: 1

      I don't know how this works in other systems but in the US we have a thing called "Jury Nullification" where a Jury can basically find you not guilty on the ground that the law is stupid or that it's stupid just in this case. Unfortunately, the defendant's attorney basically can't tell the jurors this or the judge will take a giant shit on them because the judge doesn't like their power being questioned. That, and such things happening regularly would upset the status quo by making the system actually work.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  6. I Heard by Anonymous Coward · · Score: 0

    Siberia is great this time of year...

  7. Microsoft not involved by The+Bungi · · Score: 4, Informative
    http://seattlepi.nwsource.com/business/1700AP_APFN _Russia_Piracy_Microsoft_CORRECTIVE.html

    Nice FUD job though. Gotta get those ad impressions going.

    1. Re:Microsoft not involved by cbiffle · · Score: 1

      All the submitter said was that Microsoft refused Gorbachev's offer. This is probably a little harsh -- all they did was not accept it, technically -- but the correction you link to is about some "settlement" they said Microsoft offered.

      Unrelated.

    2. Re:Microsoft not involved by dbdunn23 · · Score: 1

      Although Bill Gates rejected Mikhail Gorbachev's personal appeal for mercy on behalf of the teacher, the judge was kinder

      I love the blatant attempt to blame this on Microsoft. How exactly is Bill Gates supposed to influence the Russian legal system?

    3. Re:Microsoft not involved by aztektum · · Score: 1

      He's not. If you'd been paying attention, the plea was for Gates to get MS to lay off their lawsuit.

      --
      :: aztek ::
      No sig for you!!
    4. Re:Microsoft not involved by Anonymous Coward · · Score: 0

      " If you'd been paying attention, the plea was for Gates to get MS to lay off their lawsuit."

      If you had been paying attention you would have seen there is NO LAWSUIT. MS was not involved in the case in any way shape or form. Hence MS was not able to intervene as it had nothing to do with them.

    5. Re:Microsoft not involved by Rycross · · Score: 4, Informative
      Except according to the link, Microsoft had nothing to do with the lawsuit.

      Microsoft has had no role the charges against Ponosov and had even turned down the opportunity of joining the lawsuit, company spokeswoman Olga Dergunova said in a statement.

      "In general, we do not believe that a case of this kind warrants criminal prosecution, given the very small number of computers involved, and the fact that the computers were purchased for use by students," she said in the company's latest statement Monday.

      Even Ponosov said he does not blame Microsoft for the prosecutors' attention.
      http://seattlepi.nwsource.com/business/1700AP_APFN _Russia_Piracy_Microsoft_CORRECTIVE.html/

      But Olga Dergunova, chairman of Microsoft Russia, said: "This case was initiated by Russian authorities under Russian law.

      "We did have the option in this case to take up civil action, but decided last year not to do so."

      Mr Ponosov told the BBC that Russian prosecutors had brought the case against him and he was unaware of any Microsoft claim against him.
      http://news.bbc.co.uk/2/hi/europe/6332441.stm/

      Gates couldn't lay off their lawsuit because they didn't have a lawsuit against the man.
    6. Re:Microsoft not involved by VertigoAce · · Score: 1

      There was no lawsuit. The goal of the plea was for BillG to toss the guy free licenses to all of the software he was using so that the Russian government might drop its criminal investigation. Microsoft's stance on the issue was that while they obviously don't support piracy, they would rather spend their time going after companies that are selling illegal copies of Windows for profit (ie shady PC manufacturers) than pursue a case against someone who installed it on a few school computers for educational use.

    7. Re:Microsoft not involved by Viceroy+Potatohead · · Score: 1

      Developers! Developers! Developers! Developers!

    8. Re:Microsoft not involved by sumdumass · · Score: 1

      Microsoft had to make the complaint or someone had to on their behalf. Claiming that the software was pirated and that the company who sold the computers didn't sell the spofware in question with the computers is the entire evidence that the software was pirated. Microsoft was very involved with the case, If they denied either of those pieces of evidence, there wouldn't be a case against this teacher.

      That being said, I'm wondering how the claim to being pirated software came about. I mean how does microsoft prove the claim that it was pirated? They are the ones who allowed the preinstalls with recovery partitions instead of actual install CDs, What if the COA was taken by a student or mail clerk before the teacher took posession of it? Russia might not have the inocent untill proven guilty but I would expect that clear evidence of a crime being commited would be a required before making a claim. Unless losing some paperwork is in itself a crime.

    9. Re:Microsoft not involved by The+Bungi · · Score: 1
      Microsoft was very involved with the case

      Cite?

    10. Re:Microsoft not involved by S3D · · Score: 1

      Nice FUD job though. Gotta get those ad impressions going.

      Not according to the russian sources. All of them are mentioning Microsoft employee Alexandr Potapov involved in the case. For example:
      http://lenta.ru/news/2007/02/13/noexcuse/
      "Microsoft representative Alexandr Potapov suggested settlement if the defendant apologized"
      Of casue it's possible Alexandr Potapov doing it by his own initiative. In that case it's possible Microsoft will disown him.
    11. Re:Microsoft not involved by Anonymous Coward · · Score: 0

      Why is Slashdot so full of Microsoft shills nowadays? There was a case involving Microsoft software. They could easily say "we know nothing of this, but in our opinion please back off or please wait whilst we check it out". They were not contacted by some random person by email. Mikhail Gorbachev; probably the most popular Russian in America (though possibly not Russia) made a personal appeal. Claiming that Microsoft wasn't involved / couldn't do anything is rediculous. The claim that someone could be sent to Siberia because of their software is something they should have immediately refuted. Nobody who uses Microsoft software should feel safe.

    12. Re:Microsoft not involved by Fallen+Seraph · · Score: 1

      Microsoft had to make the complaint or someone had to on their behalf.

      Not true. The Russian government did an inspection of the school and found the pirated version on 12 of the 20 computers in the school. Microsoft didn't even know about this until after they decided to take up a criminal case.

      You honestly thought Microsoft was somehow inspecting the computers of rural Russian schools? Come on...

    13. Re:Microsoft not involved by Anonymous Coward · · Score: 0

      Microsoft had to make the complaint or someone had to on their behalf.

      That's wrong. It's just fucking sad sometimes how far you trolls go to twist a situation into something that can be blamed on MS.

      In this case everything you said is wrong. MS WAS NOT involved, nor did they have to be. You are simply wrong, and a troll, and need to STFU.

      Or better yet, kill yourself. If you're willing to go to these lengths to fabricate MS involvement in something that others have already shown you HAS NOTHING TO DO WITH MS (and god damn idiot, can you not read? THEY SHOWED YOU THE ARTICLE) then you need to end your miserable excuse for a life.

      So swallow a shotgun retard, you're too stupid to go on wasting space.

    14. Re:Microsoft not involved by RobertLTux · · Score: 1

      large stacks of american dollars just like any "legitimate businessman" does???

      --
      Any person using FTFY or editing my postings agrees to a US$50.00 charge
    15. Re:Microsoft not involved by sumdumass · · Score: 1

      You honestly thought Microsoft was somehow inspecting the computers of rural Russian schools? Come on...
      lol.. No, I honestly thought that for a crime to be commited that involves theft there has to be someone who was wronged or claimed to have been wronged. If the documentation wasn't there, I didn't know it was automaticly an asumption of guilt and nobody checked with microsoft to see if they had a right to use the software and lost the documentation some how. I mean a mail clerk, a student, or any other number of people could have had access to it before they were installed in the classrooms. And let's completley forget that microsoft went to bat for the company who sold the computers to which this teachers claims preinstalled the software in question.

      I live in america were if you lose the registration or title to your car, there is a proccess to get a new one and if you questioned before this, there is a process to verify it is yours without going to prison first. And if you registared the software when it asks, usualy the software company will say sure it is yours to use when asked. I only asumed this would have happened in Russia too.

      I guess in russia, nobody has to be wronged to get blamed for using stolen software. In russia, the government asks for your papers and if you don't product them your off to prison. And to think about how we bitch about our freedoms and rights are gone now.
  8. A missed PR opportunity for Microsoft by Weaselmancer · · Score: 4, Insightful

    Microsoft could have handled this differently and spun the whole thing to their advantage. This could have been a "Genuine Advantage" moment. "See? Make sure your pre-installed software comes with the original disks and software keys! We'll let you off the hook, but all you out there please learn from Mr. Ponosov's predicament and deal only with reputable certified Microsoft resellers" or some such.

    But instead they turned the other cheek, and a teacher almost was sentenced to prison in Siberia over something as simple as missing software keys. And a Russian judge showed more compassion and understanding of the matter than Bill Gates. Those are the facts, and they do not look good. This is, and rightfully should be, a PR nightmare for Microsoft.

    A shame really. The Gates Foundation gives away piles of cash for humanitarian goals, but events like this let you know where that money is really coming from. And what people behind it are really like. Business first, before anything else, always.

    --
    Weaselmancer
    rediculous.
    1. Re:A missed PR opportunity for Microsoft by Creepy+Crawler · · Score: 1

      ---Microsoft could have handled this differently and spun the whole thing to their advantage. This could have been a "Genuine Advantage" moment. "See? Make sure your pre-installed software comes with the original disks and software keys! We'll let you off the hook, but all you out there please learn from Mr. Ponosov's predicament and deal only with reputable certified Microsoft resellers" or some such.

      But what indicates legitimate software? When we deal with 2nd and 3rd world countries, we see lots of counterfeit rings. Many of them do have the tech to duplicate all the holographics and "genuine" stuff. How do you tell if the CD is legit, or if the serial number is legit, or if your CoA is legit? And for that matter, what exactly is needed to "prove" that you are, indeed, running legit software?

      ---But instead they turned the other cheek, and a teacher almost was sentenced to prison in Siberia over something as simple as missing software keys. And a Russian judge showed more compassion and understanding of the matter than Bill Gates. Those are the facts, and they do not look good. This is, and rightfully should be, a PR nightmare for Microsoft.

      This obviously is being played from the top (eg: Putin). This very issue deals with intellectual "property" and how it is respected in non-US countries. It also is a trust issue... If you're in the USA, Gates makes a lot of tax revenue, and keeps the govt happy. Now, what's happening software-wise in all those versions of Windows? The key: Do you trust your computer systems running a foreign countries OS?

      ---A shame really. The Gates Foundation gives away piles of cash for humanitarian goals, but events like this let you know where that money is really coming from. And what people behind it are really like. Business first, before anything else, always.

      And those kids in Africa. We can _never_ forget those kids in Africa (yawn). But throw the "evul piraters" in prison.

      --
    2. Re:A missed PR opportunity for Microsoft by AlgorithMan · · Score: 1

      The Gates Foundation gives away piles of cash for humanitarian goals, but events like this let you know where that money is really coming from
      and there http://slashdot.org/article.pl?sid=07/01/31/143624 1 you see, WHY they give away piles of cash for humanitarian goals...
      --
      The MAFIAA is a bunch of mindless jerks who will be the first up against the wall when the revolution comes
    3. Re:A missed PR opportunity for Microsoft by Walt+Dismal · · Score: 1
      The Gates Foundation gives away piles of cash for humanitarian goals

      But there's a hidden side to that. How many people know that although the foundation gives money for vaccines, Gates owns large amounts of the very same pharmaceutical companies favored by the foundation. So the money goes out - Gates gets tax benefits and PR glory - and then the money comes in to his companies. I'd say, nice plan if you can afford it. He always was, is, and will be a rotten SOB. I hope the Russians give him a humanitarian award, and invite him to Russia to collect it. And then find contraband in his luggage.

    4. Re:A missed PR opportunity for Microsoft by Anonymous Coward · · Score: 0

      But instead they turned the other cheek I don't think that phrase means what you think...
    5. Re:A missed PR opportunity for Microsoft by Anonymous Coward · · Score: 0

      "IN-CON-CEIVABLE!"

    6. Re:A missed PR opportunity for Microsoft by Brandybuck · · Score: 1

      Yup! Just goes to show that Bill Gates should NOT be giving away his money. Philanthropy is evil, the filthy rich should keep their money to themselves. It is far better that people die of a disease than the be tainted with vaccines paid for with impure motives.

      --
      Don't blame me, I didn't vote for either of them!
    7. Re:A missed PR opportunity for Microsoft by SgtChaireBourne · · Score: 2, Insightful

      ... If you're in the USA, Gates makes a lot of tax revenue, and keeps the govt happy. Now, what's happening software-wise in all those versions of Windows? The key: Do you trust your computer systems running a foreign countries OS? ...

      Wishful thinking there. MS is just as big a tax dodger in the US as it is in Europe. Just because you pay your taxes and your company pays it's taxes doesn't mean that either Big Bill or his company do so.

      ... The key: Do you trust your computer systems running a foreign countries OS? ...

      It gets even simpler. You can't trust any closed source code. Now, there is still some quality stuff out there that MS hasn't run out of business or bought out, but the bottom line is regardless of whether it's from the MS movement or from a normal company, if you don't have access to the code for the entire tool chain, it could contain just about anything.

      However, you don't have to be technically oriented to know that MS presents a problem here. Just read the EULA for 2000 SP3, XP SP1, and 2003 and later. It says flat out that you grant admin rights to Big Bill or his designated representatives.

      The bottom line is that the school and the teacher were asking for trouble when they risked it with MS Windows. MS has tried the same thing in many other school districts, sometimes with success and other times driving the whole district to more appropriate technology.

      --
      Beta is broken and the link to classic doesn't work. Stop wasting our time or there won't be anybody left here.
    8. Re:A missed PR opportunity for Microsoft by RightSaidFred99 · · Score: 1

      Lol, you are such a lying, bitter scumbag it's not even funny. You are basically claiming that Gates is committing fraud (using a nonprofit to make money for shill corporations). I think you should make these bald-faced lies more specific - just come out and accuse him of fraud. That way I can at least hope his lawyers will decide to ruin your life and sue for libel.

    9. Re:A missed PR opportunity for Microsoft by Catbeller · · Score: 1

      Gates never gave away money. Remember that by setting up those foundations he avoided paying taxes on his wealth. He instead decided to give it away under his terms, and as you say, make some buckage on the way.

    10. Re:A missed PR opportunity for Microsoft by SnarfQuest · · Score: 1

      Make sure your pre-installed software comes with the original disks and software keys!

      But, didn't Microsoft(BSA) state that the original disks, software keys, holograms, etc. were insufficient to prove usership[*] of their software?

      [*] You can't call it ownership, because after paying for it, you still don't own it. You only get a right to use it for how long Microsoft will allow you to do so.

      --
      Who would win this election: Andrew Weiner vs Andrew Weiner's weiner.
    11. Re:A missed PR opportunity for Microsoft by Anonymous Coward · · Score: 0

      Whoops. Yeah, you're right. It was late. No coffee.

    12. Re:A missed PR opportunity for Microsoft by drinkypoo · · Score: 0

      Yup! Just goes to show that Bill Gates should NOT be giving away his money. Philanthropy is evil, the filthy rich should keep their money to themselves. It is far better that people die of a disease than the be tainted with vaccines paid for with impure motives.

      The problem isn't the giving money away. The problem is what comes with it. The money the Gates foundation holds can't just be banked, it has to be invested, otherwise it steadily loses value due to inflation. They have chosen to invest in things like oil refineries that are making people sick, and have explicitly chosen not to review their investments.

      Thus is is not especially paranoid to assume that the investments made by the foundation are made in exchange for something. Because if you actually wanted to change the world, you'd invest in corporations that are responsible, that don't pollute the earth and kill people in the process of doing business.

      The Gates Foundation is nothing but business as usual. In fact if you were slightly more paranoid than the baseline, which I admit I probably am, then you might believe that in fact the Gates Foundation is first and foremost a means of funneling money to corporations that protect the status quo.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    13. Re:A missed PR opportunity for Microsoft by Walt+Dismal · · Score: 1
      Gee, Fred, thanks for taking the time out from watching Nascar races to write. Let us scumbags know who won, would you?

      Yes, I do say Gates is performing sophisticated shell games with his money. And he is not the pure, socially responsible angel that his PR flacks tout and you ignorant morons suck up to. The LA Times carried an article about how sleazy some of the Gates Foundation investment methods are. I need to go find the other article that identified how Gates donates money for vaccine and at the same time has some ownership in the same companies that produce the vaccines. But for now, assuming you know how to read above a 3rd grade level, suck this up:

      http://www.latimes.com/news/nationworld/nation/la- na-gates8jan08,0,7911824.story?coll=la-home-headli nes

    14. Re:A missed PR opportunity for Microsoft by RightSaidFred99 · · Score: 1
      Give me a break, this is your evidence? Their foundation invests in countless businesses, some of which are "good" and some probably have "evil" aspects. One sleezebag working for a mortgage company doesn't really mean anything unless you're easily manipulated by sob stories about poor old couples. All kinds of businesses have sleazy people who work for them. This mortgage lender is no exception.

      I've seen the usual crybabying about them investing in polluters in third world countries, etc... The fact is that it's not black and white. Many companies may have some negative aspects, and other greater overriding positive aspects. A non-profit is not an investment bank, they can't spend their time and money nitpicking over tiny details. If they did, they would never invest in any large company - they all have dirty laundry.

      As for the vaccine thing, let's see some evidence other than your vague blatherings. I also assume that "his" vaccine companies charge more than their competitors, else it would be rather silly to ding them for buying the cheapest vaccine, nevermind the fact that a huge amount of the money is _his own money_.

      Seriously, I don't follow your logic. He's moving money around nefariously between his own companies and charities for...some evil reason only you know about?

    15. Re:A missed PR opportunity for Microsoft by Walt+Dismal · · Score: 1
      Seriously, I don't follow your logic. He's moving money around nefariously between his own companies and charities for...some evil reason only you know about?

      You're pretty naive, aincha? Well, as long as you don't work in IT I guess it's okay. You don't have to be sophisticated to work behind the counter at Taco Bell.

      The LA Times article turned out to so shame the Gates Foundation that Gates' people pulled in material telling what they did, and changed their website to hide some of it. Nothing to see here, move along. We didn't do anything sleazy.

      You say "sob stories about poor old couples. All kinds of businesses have sleazy people who work for them. " I'm glad to see you're upfront about your moral perspective and the things you defend. You're the best, Fred, really. And I sincerely wish there is no such thing as karma when you buy your next vehicle. Although I see you as mostly a Chrysler man, since Yugos aren't available anymore.

      If you ever want to step up from your customer support job in the call center, I have a tip for you, Fred: attitude counts. Not that you can understand that, but that's your barrier to advancing in life, not my problem.

  9. I enjoyed Putins comment by Aussie · · Score: 4, Informative

    Russian President Vladimir Putin said: "Catching someone just because he bought a computer and threatening him with prison - that's crap." Link
    1. Re:I enjoyed Putins comment by kabocox · · Score: 1

      Russian President Vladimir Putin said: "Catching someone just because he bought a computer and threatening him with prison - that's crap."

      It's kinda of funny that it's the Russians that are causing this problem. MS didn't have any lawsuits or anything against the guy. So it's more along the lines of MS doesn't care, but the Russian government can't prove/or isn't satisfied that the school's software was properly licensed. Therefore they were going to throw their own Russian book at the guy and ship him off. MS wasn't pushing this; it was entirely a Russian internal matter. You'd think that if Putin wanted to the guy released or the heat slacked off that he'd have called the Russian officals that were giving the guy a hard time since it wasn't even MS doing anything.

      What next Russian officals sending folks to Siberia for not following the GPL?

    2. Re:I enjoyed Putins comment by Catbeller · · Score: 1

      The US demanded that the Russians make "piracy" a crime as a condition of entering the WIPO. Pretending that the convictions, under laws we insisted they install at economic gunpoint, has nothing to do with us is a farce. And Gates is a flaming jackass for washing his hands with that argument. He wanted that law, he got that law. And he showed a complete lack of humanity when he wouldn't grant a little mercy when he was asked personally by Gorbachev to let woman have her life. Proportionality is the problem. He's the richest man in the world refusing to show mercy to a *schooteacher*, in *Russia*, for having copies of Windows on her classroom's PCs. An act of illegal copying that merely would have sown the seeds of another generation of people locked into Windows!

      What is really delicious is that the school district in question has dumped Windows and is instead installing Linux on the school boxen. The banality of evil, indeed. Vicious meaness on Gates' part cost his company millions, maybe billions, maybe tens of billions, in the future if all of Russia takes the Linux route. They can't afford Windows, they don't want to take a chance on going to Siberia to die if they have "his IP" on them.

      If I were Jobs, I'd be shipping free Macs over there right now.

      Good job Gates, you flaming fake humanitarian jackass.

    3. Re:I enjoyed Putins comment by kabocox · · Score: 1

      The US demanded that the Russians make "piracy" a crime as a condition of entering the WIPO. Pretending that the convictions, under laws we insisted they install at economic gunpoint, has nothing to do with us is a farce. And Gates is a flaming jackass for washing his hands with that argument. He wanted that law, he got that law. And he showed a complete lack of humanity when he wouldn't grant a little mercy when he was asked personally by Gorbachev to let woman have her life. Proportionality is the problem. He's the richest man in the world refusing to show mercy to a *schooteacher*, in *Russia*, for having copies of Windows on her classroom's PCs. An act of illegal copying that merely would have sown the seeds of another generation of people locked into Windows!

      Um, the USSR was the only power tha was magically equal to the US. Why did the Russians suddenly lose what pride they have fold into the US government asking them to so something? Its the Russians fault. They could have said. Nope. This is Russia not the US we don't want your laws. Did they? Nope.

      Bill Gates isn't the US President or dictator as hard as that it for the slashdot community to believe. Bill Gates may have liked the law, or remotely benefited from it. Bill Gates didn't have the US government pressure other countries for that law. I was a community of RIAA, MPAA, BSA, and other orgs that lobbied for it. Sure, Bill benefited, but it wasn't his job to stop random lobbists from screwing up the US government or the Russian government. Heck, it's the Russian government that is enforcing its law. Well, they made the law, they could repel the law. MS and Gates didn't lobby the Russian law makers to put it in and enforce it against that person. The Russians chose to do that and chose that individual to enforce it against. Will Putin ask Steve Jobs to forgive someone if itunes is on their computer and they were using a P2P program to pirate music and Apple didn't ask the Russians to do anything or was really aware of it? I'm sorry, but I don't think it's Bill Gate's job to fix every freaking thing wrong in the world. I also don't think every stupid decision that's IT related was lobbied by MS and/or Gates.

  10. Forgive me, but... by Wes+Janson · · Score: 5, Funny

    In soviet russia, courts treat you justly!

    1. Re:Forgive me, but... by Junior+J.+Junior+III · · Score: 1

      Post-soviet, but yeah...

      --
      You see? You see? Your stupid minds! Stupid! Stupid!
  11. Shouldnt they be doing this with RIAA cases in US? by plasmacutter · · Score: 5, Insightful

    seriously.. we have to go to a former communist nation to get rulings the US should have?

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  12. No, but a teacher faces jail time due to malware. by Kris_J · · Score: 5, Informative

    "The Connecticut substitute school teacher who exposed 11 and 12-year-old students to porn in the classroom -- unintentionally, she says, because of malware on an infected PC -- may now go to jail. If her claims are true, she'll be the first American ever jailed for having had the misfortune of being forced to use a buggy school computer, with incompetent or nonexistent tech support from that school's administration despite repeated requests for help." -- Teacher faces jail time over "accidental porn" in classroom.
  13. In the Meantime ... by darkonc · · Score: 3, Insightful

    Anybody have a stack of Edubuntu disks that start up using Russian that they can send to this guy?

    --
    Sometimes boldness is in fashion. Sometimes only the brave will be bold.
    1. Re:In the Meantime ... by Anonymous Coward · · Score: 0, Troll

      Those disks would just slow down their education even more and do no good for these kids in the future of business.

      Nice hobby though.

    2. Re:In the Meantime ... by wellingj · · Score: 1

      I don't know about you but I learn more about how to do things right
      when I get to do them my self. Take Linux and Windows. Linux shows you
      how to do things right, and encourages you to try stuff on your own
      Windows just shows you how bad it can get when you don't do things right.

      Sorry I felt like running around wainting for the flames to eat me.....

  14. it is not "odd", but basic law by Anonymous Coward · · Score: 2, Informative

    Normally a small damage amount is not grounds for bringing a CRIMINAL case against a person. Rather, the matter would have to be pursued via CIVIL law. And that would mean Microsoft would have to sue the person directly, not get the state to go after them.

    Microsoft has subverted the laws of the world and made minor acts of copyright infringement into criminal acts. This way Microsoft gets the taxpayer to fund a massive witch hunt against people, mostly good, who have done little wrong. And in the great scheme of things, minor copyright infringement is among the world's least important problems.

    The way Microsoft has turned the government against the people is a good example of how rotten the company is -- and how Microsoft will stop at nothing to corrupt and destroy the world.

    1. Re:it is not "odd", but basic law by kfg · · Score: 5, Funny

      The way Microsoft has turned the government against the people is a good example of how rotten the company is . . .

      Once again Microsoft fails to be the actual innovator; they're just ripping off Disney.

      KFG

    2. Re:it is not "odd", but basic law by Anonymous Coward · · Score: 0

      Why oh why is there no "+5 ZING!"?

  15. Thief got away... by Anonymous Coward · · Score: 0

    Did we export the American justice system too?

    (or they just stole it)

    1. Re:Thief got away... by aussie_a · · Score: 5, Funny

      They pirated it.

    2. Re:Thief got away... by Anonymous Coward · · Score: 0

      What is America Justice?. My Rights are stronger than yours?.

    3. Re:Thief got away... by Anonymous Coward · · Score: 1, Insightful

      No it's where all the white people drive SUVs and the brown and black people flip burgers and clean the streets.

    4. Re:Thief got away... by rifter · · Score: 1

      Did we export the American justice system too?

      (or they just stole it)

      In the American justice system he would never have gotten away. Justice here can only be had for a price. That's why OJ and Beretta can be found not guilty in the face of overwhelming evidence when so many others who cannot afford lawyers are executed with no evidence at all.

      It's also not to kind to teachers; there's a teacher rotting in jail right now because malware generated a bunch of pornographic popups in front of a classroom full of kids.

    5. Re:Thief got away... by indifferent+children · · Score: 4, Insightful
      What is America Justice?. My Rights are stronger than yours?

      Only if you have more money than I do.

      --
      Censorship is telling a man he can't have a steak just because a baby can't chew it. --Mark Twain
    6. Re:Thief got away... by Anonymous Coward · · Score: 0

      What is America Justice?. My Rights are stronger than yours?.

      No, is my lawyer is better than yours.

    7. Re:Thief got away... by Anonymous Coward · · Score: 0

      What does this have to do with the justice system and how as a white person is this my fault?

    8. Re:Thief got away... by WilliamSChips · · Score: 1

      Well you clearly aren't doing anything to make it better, and you're taking advantage of the situation, so yeah, it's your fault.

      --
      Please, for the good of Humanity, vote Obama.
  16. ..Avoids Getting Sent to Siberia ? He lives there! by Anonymous Coward · · Score: 1, Funny

    This rises an interesting question. Where do they deport the inhabitants of Siberia when they are found guilty in a court of law? To Kiev, Leningrad or Odessa?. Maybe they are preemptively punished for the very fact of living in Siberia. They are already punished by their place of birth without commiting any crime. They accumulate 'punishment credit' for future and thus they and can commit any crime they wish without any further punishment (maybe with the exception of murder).

  17. Piracy? In school? by Anne_Nonymous · · Score: 5, Funny

    >> Teacher Avoids Getting Sent to Siberia For Piracy

    Clearly they are not teaching the three "Arrrrr!"s in school these days.

  18. All natives of Siberia are born and live in prison by Anonymous Coward · · Score: 0

    Siberia is the biggest prison in the world, like Australia in the early 18xx. This is a scary thought!. At least Australia is not a prison anymore but a nation (founded by criminals).
    When will Siberia evolve from a prison into a nation, like Australia?

  19. Re:..Avoids Getting Sent to Siberia ? He lives the by fucksl4shd0t · · Score: 1
    --
    Like what I said? You might like my music
  20. ramifications by badriram · · Score: 4, Insightful

    Sure I know it is "haha" since Microsoft in the recieving end, but take the context put linux and gpl on one end, and you will realize that a court could rule that since no one is placed in a financial disadvantage people can abuse the gpl. When Microsoft gets screwed over by something it is just a matter of time before someone applies to opensource stuff.

    From what I had read, the teacher was warned once, and he still continued using pirated software. Frankly he did break the law, he deserves a punishment, maybe not prison, but atleast slap on the wrist. People should be encouraged to follow licenses be in Sony's music license, microsoft's eula, or FSF's gpl.

    1. Re:ramifications by cheater512 · · Score: 1

      Getting scared shitless by having to go to court seems enough punishment to me.

    2. Re:ramifications by the_womble · · Score: 4, Insightful

      The judge ruled that there was no criminal case.

      This still means that a civil prosecution would be possible.

      I have never heard of a criminal prosecution anywhere in the world for a GPL violation, have you? I do not think the authorities bother with criminal prosecutions on behalf of this commie open source stuff.

      So the ruling makes it harder for proprietary software companies to sue, but makes no difference in enforcing open source licences.

      Of course, MS is not likely to want to enforce its licences in Russia, any more than it does in most of Asia, so piracy is now OK. I would not be surprised if MS has been leaning on the Russian authorities to ensure that the teacher got off - which would explain why the serious charges were dropped by the prosecution. They can not openly say they are in favour of piracy, but the last thing they want is people switching to Linux to save money.

    3. Re:ramifications by Pfhorrest · · Score: 2, Interesting

      Full disclosure: I see no ethical justification for intellectual property laws at all. (Trademarks are close, but I think fraud laws should cover that).

      Sure I know it is "haha" since Microsoft in the recieving end, but take the context put linux and gpl on one end, and you will realize that a court could rule that since no one is placed in a financial disadvantage people can abuse the gpl. When Microsoft gets screwed over by something it is just a matter of time before someone applies to opensource stuff.

      So much the worse for GPL protections in Russia.

      I've been thinking recently that this ought to be a general rule of law - not only that no act ought to be prohibited unless it causes or at least directly threatens harm to person or property (private or public), but that no one ought to be convicted of any such otherwise just prohibition unless it can be demonstrated that in that particular case, harm to person or property was actually caused or at least directly threatened. (I speak of "directly threatened" here in the sense that firing a gun at someone and missing them, or firing at random in a crowded public place and fortunately not hitting anyone, threatens harm; not in the sense of "oh someone could conceivably be hurt by this maybe", which would justify things like the RIAA's claims that they've lost oh-so-much money that they say they could have made but never actually had to begin with).

      As an interesting side question, for someone with more knowledge of international copyright law than me... If someone in Russia did violate the GPL, and Russia said "who cares?", and the violators then released that software online, would its distribution in America be a crime? As in, if an American downloaded it and (say it's freeware but not Free-ware, so there's no Russian copyrights being violated) gave a copy to his friends... would he (the American) be breaking the GPL by (otherwise legitimately) distributing a work which (illegitimately) contains compiled GPL code with no source?

      --
      -Forrest Cameranesi, Geek of all Trades
      "I am Sam. Sam I am. I do not like trolls, flames, or spam."
    4. Re:ramifications by Monsuco · · Score: 1

      but take the context put linux and gpl on one end, and you will realize that a court could rule that since no one is placed in a financial disadvantage people can abuse the gpl.
      If someone is violating the GPL, the judge could rule that there is no financial harm, but require the defendant to stop violating. That is fine with me.
    5. Re:ramifications by Divebus · · Score: 0, Troll

      Well, how does it feel, Microsoft? Someone "innovates" a little of your "intellectual property" (stole it fair and square, actually) and the courts don't think it's worth prosecuting. "Ohhhh, no harm done..." Just a little tiny pin prick of what the rest of the planet's actual innovators have been putting up with from Microsoft (and the lenient courts) all these years.

      Yes, I'm a bitter little troll so blast me a new one.

      --

      Most of the stuff on /. won't survive first contact with facts.
    6. Re:ramifications by scoot80 · · Score: 1

      But the fact that you've avoided jail would make you a little less scared to do it next time.

    7. Re:ramifications by Reziac · · Score: 2, Interesting

      "I've been thinking recently that this ought to be a general rule of law - not only that no act ought to be prohibited unless it causes or at least directly threatens harm..."

      Occasionally voiced as "An it harm none, do as ye will."

      I'm in total agreement with you.

      The problem is there are always corner cases, and they lead to the inglorious tangle the law has become.

      The local library has a copy of the California State Code from about 1910 -- it's a single middling-hefty hardback. Contrast that to the shelves upon shelves of current law, and marvel that we're not ALL in jail just for breathing.

      As to the GPL -- there's a certain level of hypocrisy in saying "If you don't share it the way WE tell you to, then you can't share it at all."

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    8. Re:ramifications by someone1234 · · Score: 1

      Were the guy use GPL software in place of Windows, he might even get some free support from OSS enthusiasts. It is not like he released modified GPL software without giving out the source. That kind of behaviour is usually performed by small startups who cannot afford coders nor morale.

      --
      Patents Drive Free Software as Hurricanes Drive Construction Industry
    9. Re:ramifications by Brandybuck · · Score: 1

      OR the judge could send him to Siberia. Same deal.

      Once you start sending lawyers after people for violating your copyright, you are in the same moral boat as Bill Gates.

      --
      Don't blame me, I didn't vote for either of them!
    10. Re:ramifications by clark0r · · Score: 1

      I don't think so. If I'd just narrowly avoided going to a Siberian prison for a decade, I'd be pretty careful of anything I did in the future.

    11. Re:ramifications by iamacat · · Score: 3, Funny
      You guys do realize that Siberia is, overall, a nice place to live?

      • Warm summers, with plenty of swimmable lakes and rivers
      • Plenty of unspoiled nature, with berry trees on city streets and forests for anything from casual walks to weeklong backpacking
      • Major science center (Academgorodok)
      • Hot water central heating that makes inside of apartments warmer in winter than most homes in US
      • Cross country skiing and tubbing right outside your apartment building.


    12. Re:ramifications by tftp · · Score: 1
      Also:
      • air consisting of tiny moskitoes ('gnus') for all the summer
      • the summer may be mercifully short
      • the remaining months are solid winter
      • permafrost just 1 ft. below the surface (welcome to agriculture)
      • whole two railways (E-W)
      • absolutely nothing to do (except drinking) for most people
    13. Re:ramifications by icecow · · Score: 1

      Your post may be the best example of how logic has it's limits and can become completely estranged from simple good judgement. The darkest grey isn't black therefore the better conclusion is white? If you can reword your arguement to resemble that your logic will begin to have any merit.

      I doubt Stallman would want this teacher be sent to siberia for using GPL for free. Let's leave it at that.

      --
      Stop invalid scientific research. Ask your local scientists to feed their lab rats with a phytoestrogen-free chow.
    14. Re:ramifications by iamacat · · Score: 1

      absolutely nothing to do (except drinking) for most people

      What is that exactly that you want to do that you think is there in the rest of the world? Russia has big problems, like military conscripts being sold for prostitution, but people have more gatherings with friends/nature trips/cultural events than in US.

    15. Re:ramifications by muuh-gnu · · Score: 1

      > As to the GPL -- there's a certain level of hypocrisy

      Youre wrong, because it isn't.

      > in saying "If you don't share it the way WE tell you to, then you can't share it at all."

      The GPL doesnt say that.

      The GPL says: "If you don't allow people you shared with to share with others, then you also can't share at all."

    16. Re:ramifications by tftp · · Score: 1

      It's just too cold there.

    17. Re:ramifications by Ihlosi · · Score: 1

      Global warming is going to fix a lot these points. Well, maybe not the one about the railway or the one about the drinking. And I hope you've stocked up on moquito repellent.

    18. Re:ramifications by rjshields · · Score: 1

      Still, at least in the US you can drive 100 yards to the nearest drive-thru to get a fat-bastard burger and then come home to your parent's basement, watch crap on TV and stuff your oversize face full of junk.

      --
      In this world nothing is certain but death, taxes and flawed car analogies.
    19. Re:ramifications by tftp · · Score: 1
      In Siberia, and generally in all northern climates, mosquitoes will gladly bite you even if you bathe in the repellent. The only protection is a fine mosquito net usually attached to the hat, unless you intend to stay indoors or in most polluted city blocks (LA also has a few areas of this type that kill anything alive.)

      Another concern for anyone who wants to visit a Siberian forest in the summer is ticks, they often carry deadly diseases. So basically a well-prepared traveler has to wear thick jacket, thick pants, some serious boots, and a hat with a net - or risk catching something bad. That's why I mentioned that the summer is "mercifully short" - winter may be better in comparison.

      Here is the semi-official advice.

    20. Re:ramifications by Aladrin · · Score: 1

      Um, his sentence DOES say the same as yours. His may sound more strict, but 'the way we tell you to' does not in any way state how strict the demands are, simply that there ARE demands.

      The BSD License makes the same demand. You must follow their rules if you want to distribute their stuff. In BSD's case, the actual rules are a lot less strict.

      And the GPL does have a certain level of hypocrisy. "We stand for freedom, but only in certain circumstances." Telling someone they can only use/do something under certain circumstances is not freedom. The GPL is only about freedom for users, not for third-party developers. The LGPL adds some freedom for third-party devs. The BSD/MIT/etc add more freedom for devs.

      The GPL is great for what it's designed for: Preventing slimey companies from exploiting the community's hard work. But open your eyes fully and you'll see it has negatives, too. Just like every other license.

      --
      "If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
    21. Re:ramifications by gsslay · · Score: 1
      Sure I know it is "haha" since Microsoft in the recieving end


      Are they?


      From what I've read Microsoft had nothing to do with it, and went as far as saying they had nothing to do with it and it was a matter for the Russian courts. Their involvement went as far as having an employee testify that the pirated Microsoft Office was installed after the computers left the reseller. I assume they knew this by examining the installation logs. I'm assuming this is the truth.


      Some are suggesting here that Microsoft could have prevented the prosecution, or turned the publicity to their benefit. Perhaps there are other Russian legal matters that they think American corporations should be encouraged to stick their oar in on? The word "AllofMP3" ring any bells?

    22. Re:ramifications by gnasher719 · · Score: 1

      '' If someone is violating the GPL, the judge could rule that there is no financial harm, but require the defendant to stop violating. That is fine with me. ''

      But that would be a terribly bad judgement and therefore unlikely.

      If I wanted to distribute a compiler, I could distribute gcc under the GPL.

      If I wanted to distribute a compiler but not under the rules of the GPL, I would have several choices: I could write my own compiler, hire people to write a compiler, pay some company for a license to distribute their compiler, pay all the contributors to gcc for a license to distribute gcc without the terms of GPL. Or I could infringe gcc's creators copyright by distributing gcc under terms violating the GPL.

      Clearly the damage done is at least equal to the cost of the cheapest legal alternative.

      Let's say the copyright holder doesn't just send you a letter that you should stop infringing their copyright. Let's say they write you a letter: "Either stop distributing our copyrighted software; alternatively you can aquire an unlimited license to our software for $10 million". Now it has a price tag.

      Or another example: On my birthday party, I serve very expensive food and some very expensive champagne. Only my friends are invited. They get the food and drinks for free. If you sneak in and empty one of my $200 bottles of champagne, I'll sue you for $200, even though I was giving it away for free. But not to you.

    23. Re:ramifications by coastwalker · · Score: 4, Interesting

      Yeah - we have to keep these peasants in their place, personally I dont know why we dont hang them for stealing software - after all we used to hang them for stealing sheep. On the other hand I just cant understand why london is full of teenagers shooting each other at the momment, I guess its because its not a criminal offence punishable by prison to carry a gun under age. Yup I think we have our priorities just about right - Siberia or worse for being in recipt of stolen software and a pat on the head for walking around the streets with a loaded illegal handgun.

      Trade infringement is a problem that should be addressed but it is obviously being taken far more seriously by the criminal justice system than threats of injury to individuals because of the economic power of large companies. The law is falling into disrepute.

      --
      Facts are history now plebs have politics for religion on social media.
    24. Re:ramifications by rifter · · Score: 1

      Sure I know it is "haha" since Microsoft in the recieving end, but take the context put linux and gpl on one end, and you will realize that a court could rule that since no one is placed in a financial disadvantage people can abuse the gpl. When Microsoft gets screwed over by something it is just a matter of time before someone applies to opensource stuff.

      It's not quite that simple. The judge said that the damages were not substantial enough to merit a criminal case. That's a far cry from saying that copyright infringement is ok. In any case, this was not even a real piracy case to begin with.

      From what I had read, the teacher was warned once, and he still continued using pirated software. Frankly he did break the law, he deserves a punishment, maybe not prison, but atleast slap on the wrist. People should be encouraged to follow licenses be in Sony's music license, microsoft's eula, or FSF's gpl.

      This guy was supposed to stop doing what? Using the software he bought and paid for just because Microsoft says it's no longer valid? This is just proof of what we have been saying all along. Using Microsoft software is a time bomb. They are getting cockier about this lately. It's ridiculous that you can pay for windows -- even directly from Microsoft -- and then find out later that they decide you don't deserve to use their software after all so they deactivate you, or worse, try to blackmail you into buying more software because they don't think you paid enough protection money this year. Microsoft is a racket and the only way to get out of it is to build viable alternatives.

    25. Re:ramifications by rifter · · Score: 1

      I don't think so. If I'd just narrowly avoided going to a Siberian prison for a decade, I'd be pretty careful of anything I did in the future.

      If he's smart, he'll switch to Linux. It is unconscionable that an educator teach children to use software from a vendor who thanks you by deciding you deserve to be tortured then freeze and starve to death. That is worse than being a slave. I think Gates just burned all the karma he saved up from his foundation in one fell swoop by refusing mercy to a teacher whose only crime was buying his product and encouraging others to use it.

    26. Re:ramifications by rifter · · Score: 0, Flamebait

      Some are suggesting here that Microsoft could have prevented the prosecution, or turned the publicity to their benefit. Perhaps there are other Russian legal matters that they think American corporations should be encouraged to stick their oar in on? The word "AllofMP3" ring any bells?

      If Microsoft had not stuck their oar in in the first place there would have been no prosecution at all. The only reason countries are passing draconian laws regarding copyright is because of direct interference/pressure/threats by US corporations and the US government. Microsoft has been at the forefront of this from the beginning. They are the ones who "innovated" the idea that this was stealing and started this whole business of software not being owned and requiring a license instantly revocable without cause from the manufacturer, the violation of which (or continued use if revoked) being treated as theft. They stuck their dick out in the first place trying to fuck this teacher and send him to the gulag, they could sure as hell pull it back out again and let him be.

    27. Re:ramifications by Ontology42 · · Score: 1

      Intellectual Property and software agreements aren't the same in Russia! For starters the GPL does not apply, secondly you have to remember Russia is a "Poor" per capita country. Some Principal is not going to jail for giving his students the best most "Western" oriented education he can.

      Secondly; why is it Americans always think their laws are global? Your not rulers of the planet yet, so take a step back and realize that if it's IP in your country it may or may not be IP anywhere else.

    28. Re:ramifications by Anonymous Coward · · Score: 0

      Yea, we should have just chopped his right hand off and called it good. No more typing for him.

    29. Re:ramifications by gsslay · · Score: 1
      draconian laws

      What's draconian about asking people who want to use your software that they pay for it?

      They are the ones who "innovated" the idea that this was stealing and started this whole business of software not being owned and requiring a license instantly revocable without cause from the manufacturer

      All very interesting, but totally irrelevant in this case. The software in question here was never 'owned', not was it 'revoked'. It was pirated, without payment. Clear and simple. The only question that seems to remain is who was responsible and how seriously it should be treated. Neither of these are matters for Microsoft to determine.

    30. Re:ramifications by unix_core · · Score: 1

      Yes, the gpl takes your freedom to take others freedom. What if it didn't? I think this is why you can never have complete freedom as long as others should have it too. You must limit it somewhere otherwise you have arachy (which is an unstable state, and will swiftly turn into something else).

    31. Re:ramifications by profplump · · Score: 1

      The GPL says: "If you don't allow people you shared with to share with others, then you also can't share at all."

      Which is nothing at all like a restriction on the way you're allowed to share, thus proving the parent's point totally invalid. Good job.

    32. Re:ramifications by Aladrin · · Score: 1

      "What if it didn't?"

      Then they'd give the code away with no license, as the purpose of a license is to restrict the 'freedom' of someone else.

      I dislike the GPL, but I understand what it does, and sometimes I even agree that it's the lesser of 2 evils. But the romanticist in me wishes everyone could get along and share code with complete freedom. Maybe some day. -sigh-

      --
      "If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
    33. Re:ramifications by b0s0z0ku · · Score: 1
      I guess its because its not a criminal offence punishable by prison to carry a gun under age.

      It shouldn't be. In fact, guns should be more or less completely legal like in certain US states (VT and AK come to mind, requiring no permit to carry pistols in public). However, if you murder someone with that gun, the traditional British penalty should apply: "Hanged by the neck until dead ..."

      -b.

    34. Re:ramifications by Anonymous Coward · · Score: 0

      And that means you do less jail time to sniping a music company execuitive than for stealing one of their songs.

      I believe that kind of insanity in the criminal justice system lead to the brittish uprising at some point...

    35. Re:ramifications by squiggleslash · · Score: 1

      Then they'd give the code away with no license, as the purpose of a license is to restrict the 'freedom' of someone else.

      You have that backwards. Copyright is automatic, so the purpose of a license is to give you a freedom you otherwise wouldn't have had. If you distribute something without providing a license, then those that receive the material have no rights to distribute it themselves.

      (A license should not be confused with an EULA which very often does prevent you from having even the rights implied by copyright law.)

      --
      You are not alone. This is not normal. None of this is normal.
    36. Re:ramifications by Aladrin · · Score: 1

      Yes, that's the standard response. I've heard it enough to know it by heart, now.

      Copyright is -not- a God-given right. It's made by man. As such, there's nothing universal about it, and it is not 'automatic'. Yes, in most countries, you must specifically give up your copyrights. There's no argument there. But license do not give rights, they remove restrictions.

      Copyright is a restriction. Licenses only remove certain portions of that restriction. In effect, they choose which portions of that restriction they want to remain in place. If the copyright owner wanted to give away full freedom to the item in question, they would not put a license on it, as that would still leave -some- restriction. The only way is to remove the copyright completely.

      --
      "If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
    37. Re:ramifications by drgonzo59 · · Score: 1
      Unfortunately that is not how the pirated software economy works. You see, if you don't have broadbad so you can download GPL Linux ISOs, then you have to go buy it. The open-air makeshift tech-markets in ex-Soviet Union countries (and I am sure in Asia too) will sell you DVDs and CDs with any software that you'll ever need. And it all costs the same = price of the cd + extra. So Ubuntu might cost $2/disk, but so will Microsoft Office, Windows XP, Maya, and all the latest software and games, will probably all cost $2/disk or so. Because most of the world uses Microsoft, when I go to the market I will spend my $2 to buy whatever most people use. I could buy some exotic Linux distribution, but then I couldn't play my music, play games, and finally when I learn how to use it, I couldn't use it anywhere else, because, guess what, everyone is running MS.

      You see when Gates went to Romania, Basescu's comment about Romania's IT being built on top of MS's pirated software was a complement. Of all the thousands of Romanians that MS employs, a lot of them had their first encounter with Windows at home, by running pirated software. That is true all over the world. The best thing that MS could ever do for OSS is to actually crack down on the illegal users of Windows! Even send them to Siberia if they had to. When hacker kids like me, couldn't get their toys for free, and will be afraid of beint sent to Siberia just for playing with some OS, then Linux will truly win. The geeks who use Linux will grow up, will end up at different companies, will eventually be in a position to make software purchasing decision and guess what they will ask for -- Linux support of course.

    38. Re:ramifications by squiggleslash · · Score: 1

      If you know it by heart, why did you write what you did originally and what you've written above? Does the fact that copyright is a "man made" right change the fact that a license loosens the restrictions copyright introduces?

      At the end of the day, you live in the real world, not some theoretical libertarian anti-utopia. The real world has laws preventing you from copying, say, the BSD operating system without permission. The real world also has the BSD license that gives you that permission. You are given rights by licenses, you do not have them taken away.

      Arguing whether copyrights are "God given" or not is entirey irrelevent to that issue. Licenses at best give you more rights than you had without them. At worst, licenses have no effect. Your original statement was incorrect.

      --
      You are not alone. This is not normal. None of this is normal.
    39. Re:ramifications by Anonymous Coward · · Score: 0

      That is in no way the technology's fault. That's societies fault for mixing up its priorities and being too politically correct to seriously punish those that deserve serious punishment. For example, while I'm not for changing drug laws and lowering their punishments, I do recognize that it's insane for a Marijuana smoker or even a dealer to get 10 years, while a killer might not even get that. Whether or not you agree with the drug sentence, I think it's pretty obvious that it makes certain other crimes (such as raping a child and not even going to jail from the news a few weeks ago) look a little less--I don't know--important. Again, this is sort of a one-way comparison. I don't think that because a murderer/rapist got x years, the drug person should get y years, but because the drug person got y years, I do think the murderer/rapist should get x years (somewhat confusing, I know).

      I don't think anyone here would say that teens walking around anywhere with illegal weapons is more serious than software piracy. Of course, unless we started talking about people taking advantage of the GPL, then I'm sure a lot of people here would be calling for their head(s), but that's the stupid hypocrisy welcome at Slashdot.

      As for this specific case, it is quite obvious why Microsoft did not say it would not press charges because if they did, then they would lose all of their power in prosecuting future cases except against very large companies. It would definitely encourage personal piracy of their software by saying, if you're small enough or poor enough, then sure, you can steal our software. The judge in this case has set quite a precident as one of the original posters in this thread pointed out. It's just a matter of time before it is used against a company that is seem a little more positively in the eye's of this community, which will at least point out to a few of the Slashdotters with their blinded hatred of Microsoft, that this is not just about one guy versus Microsoft.

    40. Re:ramifications by Dread_ed · · Score: 1
      You forgot the best one:

      • PRISON!
      --
      When the only tool you have is a claw hammer every problem starts to look like the back of someone's skull.
    41. Re:ramifications by Anonymous Coward · · Score: 0

      You guys do realize that Siberia is, overall, a nice place to live?

      Nice desktop art:

      vladstudio.com

    42. Re:ramifications by Pfhorrest · · Score: 1

      I believe Aladrin was wishing that people would release their code to the public domain, i.e. release all claims to copyright on it.

      Would you, squiggleslash, consider a pubic domain release a "license", or simply the disavowal of automatically legally granted privileges to restrict the rights of others?

      For example: I hereby release this post into the public domain. Have I "licensed" you to use this post, or have I just given up my copyrights on it?

      --
      -Forrest Cameranesi, Geek of all Trades
      "I am Sam. Sam I am. I do not like trolls, flames, or spam."
    43. Re:ramifications by Aladrin · · Score: 1

      Because licenses don't give rights. They choose how much restriction to place. Lack of a license is simply 100% restriction, and that is a choice made by the item's creator. (Or the law, if the creator is sufficiently clueless and doesn't know that copyrights exist.)

      --
      "If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
    44. Re:ramifications by 1u3hr · · Score: 1
      What's draconian about asking people who want to use your software that they pay for it?

      The "draconian" part is the disproportionate punishments. And it's "insisting", not "asking".

      draconian. ADJ: Exceedingly harsh; very severe: a draconian legal code; draconian budget cuts. from Draco, Gk. statesman who laid down a code of laws for Athens 621 B.C.E. that mandated death as punishment for minor crimes.

    45. Re:ramifications by JPMaximilian · · Score: 0

      Well then, if all I have to do is pirate some software to get free trip there...

      --
      "I'll see you next time." - LeVar Burton
    46. Re:ramifications by gsslay · · Score: 1
      The "draconian" part is the disproportionate punishments. And it's "insisting", not "asking".

      Again, any punishment is a matter of the Russian legal system, it is not enforced by Microsoft.

      And it's "insisting", not "asking".

      OK, so what's wrong with insisting that people who use your software pay for it? Most companies in most industries have the same idea. They're most insistent that you pay them when you make use of their product or service, and they don't just ask nicely.

    47. Re:ramifications by rifter · · Score: 1

      What's draconian about asking people who want to use your software that they pay for it?

      Nothing. But that's not the case anyway. The point of "licensing" is you never get to own the software after you have paid for it. That means if the manufacturer says it's no longer valid, you are a thief. It's even worse when you consider that perfectly valid licenses are routinely ignored by this particular manufacturer, even in view of the fact that they have gotten away with levying a tax on all personal computers. That is, you might find that even though you bought your system and paid your tax, the taxman says you aren't genuine anyway. That's quite apart from the fact that they consistently insist that any customer who does not regularly buy more of their products in ever greater quantities is also a thief. It begs the question of who is stealing from who.

      And you already got a good answer on the main reason these laws are draconian; that is, the inappropriate punishment. How would you like being sent to the gulag for buying a copy of Windows just because Microsoft said you didn't buy it? Do you even have any idea what that's like? They're work camps pretty much like concentration camps minus the gas chambers, which basically means a swift death is not on the menu.

      'They are the ones who "innovated" the idea that this was stealing and started this whole business of software not being owned and requiring a license instantly revocable without cause from the manufacturer'

      All very interesting, but totally irrelevant in this case. The software in question here was never 'owned', not was it 'revoked'. It was pirated, without payment. Clear and simple. The only question that seems to remain is who was responsible and how seriously it should be treated. Neither of these are matters for Microsoft to determine.

      Wrong, Wrong, Wrong. This software was purchased. Further, there is no way it could not have been genuinely purchased. Copies of microsoft's software which they require to be installed on every computer manufactured. Even if for some reason the computer maker missed paying the MS taxman, the fact remains that that guy isn't the one with his head in the noose. The guy who bought computers which came with microsoft software installed is. The software was bought and paid for; Microsoft just happened to find some reason they did not want to honour the license.

      As for the question of who was responsible and how seriously it should be treated you are wrong again. In both cases it is Microsoft who decides this and it was Microsoft who decided those things here. They are the ones who decided that it was the educator and not the computer shop that wronged them and pressed the case in the first place. Their claim of damages is what made criminal prosecution possible in the first place. And their inflated claim (another onereous aspect fo this sort of legislation -- copyright holders being able to set outrageous unsubstantiated damages that would never fly if anyone else claimed them) is what makes this crime worthy of the gulag. When they were begged to hold off on their claims in the face of the facts of the case and the consequences of their actions they refused. If they had said the licenses were valid or reduced their damages this case would not have even happened. In the event a judge had to stand up and say that Microsoft's damage claim was ridiculous and the actual damages were not worth the trouble. That's a lucky break for a guy whose only crime was being stupid enough to think buying Microsoft software was a good idea. You should pray Microsoft does not come after you the same way.

    48. Re:ramifications by rifter · · Score: 1

      Yup I think we have our priorities just about right - Siberia or worse for being in recipt of stolen software and a pat on the head for walking around the streets with a loaded illegal handgun.

      It does serve to thin the herd, though :D.

    49. Re:ramifications by iamacat · · Score: 1

      Come on, there are lots of Russians sunbathing on the beach in summer without being bothered by mosquitos or collecting berries in the forest in t-shirts and shorts. Here in California, you could get bitten by a rattlesnake, contract Lyme disease, get attacked by a mountain lion, or break a leg while skiing. Never keeps anyone home. Just get whatever shots you need and move on with life.

    50. Re:ramifications by Anonymous Coward · · Score: 0

      I would not be surprised if MS has been leaning on the Russian authorities to ensure that the teacher got off - which would explain why the serious charges were dropped by the prosecution.

      Please don't make stuff like that up, it only damages your post. In the off chance you have some proof, then include it.

    51. Re:ramifications by Anonymous Coward · · Score: 0

      Yes it's all true! 8-). Well, there are some pretty remote areas.. when I drove through Kansas on US56, I got to a stretch with no gas stations for 400 miles.. when I gassed up somewhere along 56 in Kansas, the next gas station I came across was only after 50 miles, and had a sign saying it was the last station for 100 miles. After about 100 miles, I go by this old burned out husk, with a price sign listing like 20 cent/gallon gas... Then 300 more miles of nothing 8-). Luckily that car got about 30MPG and had a 16 gallon tank, so after driving for 450 miles I had about 3/4 of a gallon left. I've noticed newer cars tend to get 30-40MPG but have a 10 gallon tank.. which is good but doesn't cut down the fuel stops any 8-).

                Uhh, anyway, it was VERY sparsely populated out there.. I would guess some people out there are 100 miles from the nearest town. They probably are still watching crap television and eating junk though.

    52. Re:ramifications by 1u3hr · · Score: 1
      The "draconian" part is the disproportionate punishments. And it's "insisting", not "asking".
      Again, any punishment is a matter of the Russian legal system, it is not enforced by Microsoft.
      Again? WTF? "Draconian" applies regardless of which body is imposing the punishment. By definition, "Draconian" is legal. That's not the point.

      And it's "insisting", not "asking".
      OK, so what's wrong with insisting
      Who said there was anything wrong with it?

    53. Re:ramifications by Reziac · · Score: 1

      I seem to have generated an interesting if rather standardized discussion. But you understood my point perfectly. The only license that is truly about equal freedom for everyone is public domain. The GPL is about *forced* sharing: "You can't have any candy unless you give everyone else your recipe."

      The GPL is useful to prevent code hoarding, but its function *isn't* to give freedom to all; it is to remove rights from those who use it (it takes away the right to your code's "privacy" so to speak).

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  21. Re:Shouldnt they be doing this with RIAA cases in by Viceroy+Potatohead · · Score: 1

    Freedom (or the illusion of it) causes complacency with a lot of people. Seriously, do you think Nixon (or even Reagan) could have gotten around one of the most important parts of the Geneva Convention on a technicality?

  22. No, not at all! by Erris · · Score: 1

    Sure, M$ has nothing to do with the global advance of draconian "intellectual property" law. Nobody has been threatening other contries with trade embargo of the sort usually reserved for wars. No, nothing to do with Bill Gates and M$, they are the good guys trying to eduspam your children about how to buy fine Office software and what a dirty bad pirate you are if you don't buy a M$ OS with each and every computer sold. Oh noes, M$ would never launch any action against a school.

    Their solution, to never buy another piece of commercial software, is fitting punishment for those who demanded the laws Russia now has. They will soon learn that the it was stupid to mess around with it to begin with.

    --
    DMCA, Hollings, Palladium. What might have sounded like paranoia is now common sense.
    1. Re:No, not at all! by The+Bungi · · Score: 1
      hi twitter. Using your sockpuppet account tonight? Just as you'd thought you'd been robbed of another fine opportunity to blabber on about "M$", you just can't help yourself, can you?

      Oh noes

      We've had this conversation before twitter. You're still full of it.

  23. Russian name translation by Anonymous Coward · · Score: 0

    I suspect this is completely off-topic, but his name Ponosov literally means Diarrhea-man in Russian.

    All I'm saying, Microsoft would not get any good PR out of a "Drarrhea-man"

    Also, does anyone know how exactly he got caught? What I mean is, 90+% of Windows installs in Russia are pirated, so why this particular teacher has to get caught? A student ratted him out or something?

  24. Monopolies & Monarchies Fail by BoRegardless · · Score: 1

    They both cease to be able to identify with their citizens-customers, because they both view them as a form of indentured citizen who owes his existance to the overseer.

  25. nonsense by Anonymous Coward · · Score: 0

    Microsoft has been one of the main instigators pushing for enforcing IP in russia through trade negotiations. This particular case was giving them a blackeye in public so they released a little PR stunt disclaimer "oh noes it wasn't us!", whch although technically true is pretty far into the bullshit class of normal corporate statements. To say they weren't involved at all is disingenuous-if MS didn't want their copyright enforced in russia, to "stop piracy of their valuable expensive product"-this case would never have been brought in the first place. They have been lobbying HARD for this in general terms, all over the planet. It is PRECISELY because MS, and the various media copyright folks, etc, have been pushing this and russia wants to look better to get into the WTO that the case was even brought. That and this poor schmuck was a lot easier to take on than the russian mob. It just blew up on them, a stunt that failed. they just picked some random schmoe out of the millions who use bootleg copies for a test case, but it backfired, and it was picked up so fast by the media that MS was looking petty and vindictive so of course they claimed "no interest". If they *really* had no interest, they could have just as easily issued a press release saying they will no longer be pushing for ANY piracy cases in russia, but they haven't, have they?

    With that said, I have NO sympathy anymore for people who run windows anything, legit, pirate, doesn't matter. You go out of your way to run crapware from convicted skunks & crooks, inc.,-you get what you pay for or steal-crapware. Instant karma, suckers.

    1. Re:nonsense by sumdumass · · Score: 1

      Wouldn't microsoft or someone on microsoft's behalf make the intial claim that the software was pirated? Otherwise how would anyone know a crime has been commited? Surly losing a piece of paper (CPA) isn't grounds ofr a criminal prosecution?

  26. Judge dismisses case... by Barraketh · · Score: 1

    rules having last name Ponosov punishment enough. (Ponos = diarrhea in Russian)

  27. Ugh! They helped the prosecution. by Erris · · Score: 1

    I should read more carefully. Not only is M$ responsible for crappy IP laws elsewhere, they actually helped to prosecute this one.

    Last week, Microsoft executive Olga Dergunova defended the reseller that provided the computers.

    Then you follow that link and find:

    Gorbachev's appeal directly to Gates made sense, in part because Microsoft owns the software and only licenses it to customers. In the CNews interview Dergunova affirmed that "Microsoft is the plaintiff in this case; its intellectual property rights have been violated."

    Oh yeah, I wonder where the prosecution got the outrageous value of that coppied software at $10,000 instead of the $100 the judge eventually decided it was worth?

    You can keep your M$ spin to yourself, Bungi, M$ created, prosecuted and is ultimately responsible for it. If you consider M$'s anti-competitive practices, it's even worse. M$ does everything in their power to make it hard to run anything but M$ so they can take your money, even if you happen to be a no budget teacher in the backwoods of the Ural mountains. Cases like this are the cost of non free software.

    --
    DMCA, Hollings, Palladium. What might have sounded like paranoia is now common sense.
    1. Re:Ugh! They helped the prosecution. by The+Bungi · · Score: 2, Insightful
      Read closely flocktard, they "defended" the "prosecution" simply by stating that whatever came on those computers initially was legal. Microsoft was NOT involved in any lawsuits or prosecution. None.

      It's OK if you get your panties in a bunch when you see these stories. Really. But wearing down your #4 key to do your hilarious "M$" thing and trying to desperately spin your "OMFG IS TEH EVILZ" bull is just not going to work. Save it for when you actually have a point to make. Microsoft does plenty of bad things.

    2. Re:Ugh! They helped the prosecution. by billgates · · Score: 2, Interesting

      I fail to understand why you youngsters always defend Microsoft. Perhaps you haven't been around long to have seen all the alternatives to Microsoft's junk. Yes they are evil. Yes they are American. To a lot of people in the rest of the world (you know, where the dragons are), that is a particularly bad combination at the moment.

    3. Re:Ugh! They helped the prosecution. by Anonymous Coward · · Score: 0

      Yes MS is headquartered in America, but its behavior and values go against near everything that kids are taught as 'American' that if you look at how the group and its defenders act, you see what amounts to an anti-american sect dressed up like a company.

    4. Re:Ugh! They helped the prosecution. by Keith+Russell · · Score: 1

      It's not about being pro-Microsoft, it's about being anti-bullshit. Trying to find some serious, reasonable discourse amid hundreds of slashbots flinging FUD around like monkey poo.

      --
      This sig intentionally left blank.
  28. Siberia for piracy? by physicsphairy · · Score: 1

    It doesn't even make sense to send someone to Siberia for piracy. The place is bloody landlocked. Now Venice, that would be a good place to send someone for piracy.

  29. Re:Shouldnt they be doing this with RIAA cases in by dotoole · · Score: 1

    No you just have to go to a country where the branches of government are not in the pockets of the music industry. The economic model of that country is irrelevant.

  30. Thanks for the link. by Erris · · Score: 1

    That's a great conversation you pointed to.

    I love the link to http://www.manhattan.k12.ca.us/legal/latimes/lausd 1.html which now returns a M$ 404, but still can be found at the archive.org wayback machine. Here's some of the really cool stuff M$ did to L.A. through the BSA back in 1998!

    For years, Microsoft Corp. and other industry giants have tried to persuade public schools that computers belong in classrooms alongside textbooks and teachers. Now the same firms are targeting the Los Angeles Unified School District in a different way, seeking $300,000 over allegations that teachers and other employees have illegally copied software programs. ... The real cost of the proposal--which is still subject to school board approval--is the fact that the Los Angeles school district would be forced to spend nearly $5 million over the next three years to replace the unlicensed software that has found its way into classrooms. ...the settlement is one of about a dozen agreements negotiated over the past 10 years with school districts nationwide.

    Great stuff! I just love the way you defend M$'s extortion of public schools. Want to tell me they deserved it? Got any more? How about some links to them suing Churches, Lighthouse for the Blind or Girl Scouts?

    --
    DMCA, Hollings, Palladium. What might have sounded like paranoia is now common sense.
    1. Re:Thanks for the link. by The+Bungi · · Score: 1
      Great stuff! I just love the way you defend M$'s extortion of public schools.

      Awwww. Well, when you're done FUD'ing and exercising your creative selective quoting, I'd like to see lots of stories about "M$" suing schools. Something that happened this decade will do nicely. After you provide us with some, a few links to the other companies that make up the BSA would be nice as well. Yes? Don't use so many weasel phrases though. It just makes you look dumber than you are.

      BTW - I love how you highlighted the "software that has found its way into classrooms" part. I really enjoy seeing people like you invalidate their own feeble arguments.

    2. Re:Thanks for the link. by mikkelm · · Score: 1

      Microsoft made them an offer.

      Extortion is obtaining something by threat. A civil suit over copyright infringement is the commonly expected and arguably inevitable consequence of the illegal actions taken on the part of the defendant.

      Saying that Microsoft threatened with suing them over copyright infringement is like saying that insurance companies are threatening you by offering you life insurances because you're going to die one day.

      Microsoft gave them a break. Don't like the terms? They didn't have to accept it. They could have just accepted their responsibility.

      It doesn't matter if it's a school, a church, a program for the disadvantaged or a multi-billion dollar corporation. Stealing is stealing. Blaming the victim because you favour the offender is stupid on too many levels to explain.

    3. Re:Thanks for the link. by Erris · · Score: 1

      , I'd like to see lots of stories about "M$" suing schools. Something that happened this decade will do nicely.

      You seem to have forgoten that this discussion was about a teacher threatened with hard labor for simply buying "pirated" M$ crap. The threat in the US of A is very much alive and costly. School districts of all sizes spend all sorts of money chasing "discounts" and keeping track of licenses. As Bill likes to point out, purchase price is only part of TCO. A large part of M$ TCO is the insane complexity of M$ licensing.

      I love how you highlighted the "software that has found its way into classrooms" part.

      Me too, so I'll do it again. The reporter in that case noted that the "settlement" was much more expensive than the alleged damage and locked the district into five million dollars worth of M$ spending. For all we know, they forced the school to pay for every version of Paint Shop Pro with a expired trail period. The funniest part of the old age of this story is that it was before the internet was really up to the task of moving M$ CDs around. Almost all of that software came from a physical copy that had actually been paid for, such as a teacher thinking they could use the same copy of Word at work as at home.

      --
      DMCA, Hollings, Palladium. What might have sounded like paranoia is now common sense.
    4. Re:Thanks for the link. by The+Bungi · · Score: 1
      You seem to have forgoten that this discussion was about

      Oh, so you need everyone to stay on topic now?

      The funniest part of the old age of this story is that it was before the internet was really up to the task of moving M$ CDs around.

      There you go again with your random phrases and "M$" thing that for some reason get you modded up. You realize you really didn't actually say anything here, do you?

    5. Re:Thanks for the link. by Anonymous Coward · · Score: 0

      Yes, stealing is stealing.

      And you know what else?

      COPYING IS NOT STEALING.

      There is no "victim" because NOTHING HAS BEEN TAKEN, IT'S ONLY BEEN COPIED.

      Please stop calling copying "stealing" because it isn't.

    6. Re:Thanks for the link. by mikkelm · · Score: 1

      Please stop saying that IP theft isn't theft. It is.

      Physical manifestation is by definition *not* a prerequisite for theft. If you're in posession of something belonging to someone else without having permission, it is theft.

  31. Heh by Xenographic · · Score: 1

    I think this story deserves the "insovietrussia" tag... :]

  32. Their Failure has Arrived. by Erris · · Score: 1

    Wall Street thinks the failure is due to crappy software. In part, the author asserts:

    Microsoft's stock has been on a record tear -- downward. One more down day and we would have been tied at nine for the longest tumble in the company's 20-year trading history. ... investors are increasingly skittish about Microsoft's Vista. Late, horsepower-hungry, missing some promised features and getting indifferent reviews, the product is nowhere near the buzzmaker of its predecessors, Windows 95 and Windows XP. Analysts and investors are worried that the product is too little and too late, so much so that Vista won't fuel the usual earnings-goosing upgrade cycle that such releases have in the past.

    ... Vista problems are just symptoms of a deeper Microsoft malaise. Monolithic software -- bits in a shrink-wrapped box -- is a dying business. It is being slayed by software sold as a service, by open source, and by ad-centric online software (i.e., Google).

    Competitors now see Windows as a heavy weight around Microsoft's neck, one that keeps the company safely occupied on a treadmill far from their own businesses. That is why the best news for them in the last few days came when Microsoft began talking up a new version of Windows set for 2009. Yeah, go for it guys, knock yourselves out.

    Powerful stuff from venture capitalist and CNBC analyst Paul Kedrosky.

    And sure enough, sales are falling now that the squirt of ultimate fanboy is over.

    The non free software development model is over and the businesses that stick with it are too. It's about time.

    --
    DMCA, Hollings, Palladium. What might have sounded like paranoia is now common sense.
  33. MOD Parent UP by iDope · · Score: 1

    Microsoft has had no role the charges against Ponosov and had even turned down the opportunity of joining the lawsuit, company spokeswoman Olga Dergunova said in a statement.

    "In general, we do not believe that a case of this kind warrants criminal prosecution, given the very small number of computers involved, and the fact that the computers were purchased for use by students," she said in the company's latest statement Monday.
  34. Re:Shouldnt they be doing this with RIAA cases in by Anonymous Coward · · Score: 1, Interesting

    It's kind of obvious -- they haven't yet internalized the idea that property rights (intellectual or material) trump all, and that a person who dares to violate the sanctity of a corporation's assets is a reprehensible person. Here in the west, we may not all actively profess that kind of beliefs, but even dissidents like slashdotters are aware that we're going against the wishes of our society when we claim copyright should be abolished.

  35. Thank$ for all the fi$h by Anonymous Coward · · Score: 0
    I have to $ay I'm alway$ excited about reading the$e in$ightful comment$ on $la$hdot. Thi$ i$ "where it i$" if one want$ to know what'$ happening with Micro$oft. From my parent'$ ba$ement in Wi$con$in, I $tab at them!

    Thank$ Erri$

  36. Re:No, but a teacher faces jail time due to malwar by Brandybuck · · Score: 0, Flamebait

    "If her claims are true"? If? If!

    I'll give you an "if". If she goes to jail over this, I'll pour hot grits down my pants. If she doesn't, you abase yourself before all of Slashdot and publicly state you're a fool for believing crap like this.

    --
    Don't blame me, I didn't vote for either of them!
  37. Dollar $ign Poem$ by Anonymous Coward · · Score: 0

    I gazed in your eye$,
    $uch a beautiful blue;
    My heart whi$pered to me,
    And that'$ right when I knew;
    The wave$ had cea$ed cra$hing,
    On the $and at our feet;
    Time had $topped pa$$ing,
    My $earch wa$ complete;
    I finally di$covered,
    What I'd known all along;
    A my$tery uncovered,
    That ju$t couldn't be wrong;
    It wa$n't our fir$t ki$$,
    Nor' the day that we met;
    But I realized $omething,
    I will never forget;
    With the $tar$ $hining brightly,
    From high up above;
    I'd one word to de$cribe it,
    That word, i$ love.
    I knew then the$e feeling$,
    For my $weetheart were true;
    The $tallion of my dream$,
    And my $oulmate, i$ you.
    I think of it every time,
    That I look at the $tar$;
    Thi$ memory i$ mine,
    But that moment wa$
    OUR$.

  38. Re:Shouldnt they be doing this with RIAA cases in by TapeCutter · · Score: 1

    "Seriously, do you think Nixon (or even Reagan) could have gotten around one of the most important parts of the Geneva Convention on a technicality?",/i>

    C'mon that's a trick question - censorship was a lot more effective back then.

    --
    And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
  39. Piracy is everywhere by linuxIsLife · · Score: 2, Interesting

    I'm from a country near Russia and we use piracy software everywhere. Companies have no licence for M$ software... I had very big problems with closed source software and now i use GPL software only, because it's better. I'm so indifferent about intellectual property :P "humans knowledge belong to the humans"

    1. Re:Piracy is everywhere by Anonymous Coward · · Score: 0

      generic troll statement is generic

    2. Re:Piracy is everywhere by gr8dude · · Score: 1

      Well, you seem to be missing a point - GPL software is also the result of somebody's intellectual work. Saying "I'm indifferent" is not a nice thing to do.

    3. Re:Piracy is everywhere by linuxIsLife · · Score: 1

      Probably you don't understood what i mean. "intellectual work" no mean "intellectual property". "Intellectual property" is related to law, licence... it's about the shells that want cover "source code" (for software products). "Intellectual work" is a process and i esteem people that do this.

    4. Re:Piracy is everywhere by kmweber · · Score: 0

      Then you are pure evil.

      Intellectual property is not simply a legal construct, it is an objective moral principle.

      Those who reject it are not just of a different opinion--they are outright WRONG.

      Reject the legitimacy of intellectual property and you reject your humanity.

      --
      "Other than that, Mrs. Lincoln, how was the play?"
    5. Re:Piracy is everywhere by Anonymous Coward · · Score: 0

      Pretentious much? Now go sell a splatter-painting you made for $5mil to some effeminate art collector from Dusseldorf.

  40. Linux is not the solution....yet by nbucking · · Score: 1, Redundant

    Until Linux is completely compatible with ALL DEVICES there is no way a school or corporation is going to use it as an independent OS. Some may say hey there are several devices out there that are cheap and compatible. But already having a device is cheaper than spending more to dispose of said device and replacing it. Windows is known for its compatibility. I have a machine with the latest distro of Ubuntu, and it cannot print or use my camera. These devices are the cheapest out there including a 20$ Lexmark and a 10$ web camera. Now I know that with all the money you spend on Windows software could go towards replacement of said printer or camera. But if you can pirate a version of Windows for free than you can pay your teachers better, get new books, buy paper and other supplies for your printers, building maintenance, etc. This is the most likely reason for the piracy of Windows. The solution for this is to have those who say let's send this school several copies of ubuntu to go and work with the device makers out there to make drivers. I noticed there are several drivers already out there, there just isn't complete support . So get out there and put your money where your mouth is!

    1. Re:Linux is not the solution....yet by flyingfsck · · Score: 1

      'All devices'??? Linux runs on a much wider variety of hardware than Windows. Go and try make Windoze run on an Apple Mac, ARM or a Sparc...

      --
      Excuse me, but please get off my Pennisetum Clandestinum, eh!
    2. Re:Linux is not the solution....yet by nbucking · · Score: 1

      Not internal hardware. I am pointing out the lack of support for common use devices such as printers and web cams. The reason for this, as stated in my comment, is that these poor schools and businesses do not worry about running windows on a macintosh. And check your spelling next time, it's windows not windoze.

    3. Re:Linux is not the solution....yet by Ihlosi · · Score: 1
      I am pointing out the lack of support for common use devices such as printers and web cams.



      Blame it on the manufacturers for (intentionally) not releasing the specs of their devices nor supplying a Linux driver themselves.


      If the specs are published, then you'll get a working Linux driver in no time. Heck, even if the specs remain unpublished people will go through the trouble of figuring out how some gadget works and write a driver for it.


      Blame WinModems, WinGraphicscards, WinPrinters and other WinHardware on Windows. Not on Linux.

    4. Re:Linux is not the solution....yet by tftp · · Score: 1
      Win* devices are all but nonexistent for many years, because WinModems just were not good enough when new modulation schemes entered the play. The real problem with "secret" devices is not just in the IP protection - it's usually just because there is no documentation on the device, and the new devices are being designed and sold already, with driver developers just walking up to hardware developers and asking how this and that works. After a year the device, and the driver, will be history in this modern consumer market.

      Investing real money into solid documentation for a $10 product that is scheduled for a single factory run in qty. 10,000 (for example) just does not make any sense. Look at the peripherals - they appear and disappear so fast you can't even remember them all. Often there is just one or two driver coders in the company who write the driver, burn it onto a CD and jump onto next hot project. There is nobody to take care of documentation; often there is nobody to even think about Linux, it just is not economically possible.

    5. Re:Linux is not the solution....yet by nbucking · · Score: 1

      Well then the groups who parade around saying linux is so wonderful and cheap should be very worried about this. They should stop rambling on about it as a free, cure all, OS. Of course, as my high school economics teacher once told me "There is no such thing as a free lunch" but perhaps a cheaper and possibly less convenient lunch (or 20 years in Siberia ;)

    6. Re:Linux is not the solution....yet by mhall119 · · Score: 1

      Until Linux is completely compatible with ALL DEVICES ...


      By this of course you mean all devices designed specifically for Microsoft Windows compatibility. I wonder if you hold any other products to these same requirements. Do you demand that your Ford be compatible with all GM parts? Or that your Diesel engine be compatible with all gasoline grades?

      Linux runs on hardware that is not designed for Linux. Not all of the hardware out there, but a very large quantity of it. In contrast, neither Windows nor Mac OSX will run on the majority of hardware not designed for those systems. Windows may be known for its compatibility, but that is due to the effort of the hardware manufacturers, not the Windows developers. Linux compatibility is largely due to the effort of the Linux developers, not the hardware manufacturers.

      So while you may not be able to use your cheap web cam in Linux, give credit where credit is due, and blame where blame is due. And while you're at it, give some information about your web cam problems to the Linux developers, and maybe it'll work in the next release.
      --
      http://www.mhall119.com
    7. Re:Linux is not the solution....yet by Catbeller · · Score: 1

      Apparently you HS economics teacher drank too much of the Objectivist Kool-Aid, because not only is the Linux kernal free, so are most of the distros and the apps and drivers that run on them. Ideology makes fools of us all. Sometimes free as in beer does work better than the free market. It's an old concept called the "commons" that the free marketers dismiss out of hand. A well tended field of grass that anyone can use to feed their sheep works better than hundreds of jealously guarded walled microfields of patented grass. And grows the economy, because the people who generate real wealth by making things can spend money on things that improve their ability to do work, and hire more workers, rather than pay rent to all those monopolistic landlords. The latter system just works for the landlords. What you think works depends on which side of those walls you're standing.

    8. Re:Linux is not the solution....yet by Anonymous Coward · · Score: 0

      Windows is not compatible with close to ALL DEVICES either. Not even close. Someone has already commented on the numerous non-PCs that don't support Windows, but run Linux fine. In addition, though, I've personally gotten several pieces of hardware (a webcam, scanner, and printer) *for free* because people "upgraded" from Win98 to XP, and found the hardware would not work; the company made 98 drivers, was no longer making the product, and so never made 2000 or XP drivers. However, Linux had drivers for these items (well, linux kernel, sane scanner package, and cups respectively i guess..) Without carefully picking hardware, it's easy to go from one version of Windows to a newer one, and have hardware quit working; usually once Linux has a drive, it has it, and it's safe to go to a newer version of your distro without your hardware quitting.

                I'm not expecting them ------> (THEEEEMMMMMM) to go to Vista for quite a while due to it's immense hardware requirements, but it has dropped support for numerous hardware items compared to XP. The install CD didn't even support a 3c905 ethernet card! Once I found some post for an XP driver that worked, the first Windows update was a 3c905 vista driver though.. if you don't have a second computer to get it with, good luck getting it without working ethernet 8-).

                Point is taken though -- ideally, every piece of hardware that works under Windows would work straight off on the Ubuntu install. There was a recent "we'll right drivers for you" project that should help with some hardware at least...

  41. Except he didn't by Moraelin · · Score: 3, Interesting

    Disclaimer: Now I'm _not_ a F/OSS zealot usually, and probably half the /. crowd would normally find me leaning towards the MS side. Heck, by /. standards I've even been accused of being a MS fanboy before, although God knows it's not hard to get called that here. But in this case I find it sad and counter-productive for F/OSS too.

    Yes, _if_ he had used GPL software, all that would have happened. Except he didn't use OSS, he just went and pirated Windows instead. And the whole case just created a precedent for that too. There are millions of computers in Russia which could have a financial incentive to use some free (at least as in beer) software instead or some cheap local software. Now they'll keep using a pirated version of Windows instead. Congrats.

    All piracy helps kill isn't the big software houses, but they help kill their small competitors. Piracy didn't kill MS Office, but it helped nearly kill Star Office and the horde of smaller options that used to exist. Sure, they missed 90% of the Office features that 90% of the population never needed, but they would have been plenty enough and cheap for writing a recipe or a CV in. If the option really were "do I get MS Office for a shitload of money, or Someone1234 Write for very little money, or KWrite for free", the second and third options would look a lot more viable. But when the option becomes "I can copy all them for free, so do I get MS Office or Someone1234 Write or KWrite", the choice also becomes "WTF, let's get MS Office then."

    People don't all drive Ferraris, so some go buy a modest small car instead, because they can't pirate a car. So a lot more options exist. In the software world they pirate the big thing, and let the smaller budget options die.

    Worse yet, the illusion of ubiquitousness helped kill competition even further past some point. Let's all pirate Office at home because that's what we use at work too. And let's then all install Office at work, because, wth, everyone already knows how to use their pirated copy at home.

    And what do you think that does to F/OSS in Russia too? There could have been local distros, small local companies maybe customizing it for schools or offering cheap tech support/installations, etc. There could have been kids learning to use KDE or Gnome instead of XP's shitty Fischer Price interface (unless you disable the fluff), and maybe having a look at the code, in those schools. Now they'll all grow on pirated Windows software, and continue to not even understand the "use the free choice, if you can't afford the behemoth" idea. Probably not even understanding why and how it would help to contribute some code to the free choice. Why would you bother when you know everyone will just pirate Windows instead? Way to go.

    --
    A polar bear is a cartesian bear after a coordinate transform.
    1. Re:Except he didn't by someone1234 · · Score: 1

      No, he bought a few computers which someone else had illegally preinstalled M$ stuff. Had he used Linux, he would have erased the illegal M$ crap from the machines first.

      --
      Patents Drive Free Software as Hurricanes Drive Construction Industry
  42. This article is god awful by Fallen+Seraph · · Score: 1

    The author of this article should be embarassed for the travesty of a story he's published. I'm not a fan in any way, shape, or form of Microsoft, but this is outright lying.

    From TFA: "Possibly bowing to public pressure, Microsoft offered a "peace agreement," which Ponosov, asserting his innocence, refused to accept, according to CNews."

    That's interesting considering the fact that Microsoft is in no position to do any such thing. They're not suing him, the Russian government was. That, by definition, is the distinction between a criminal case and a civil case.

    Allow me to explain the things the article blatantly ignored:
    Russia is notorious for ignoring copyright law and is the second biggest producer of illegal software and entertainment; China being the biggest. In response to pressure from the Russian branch of the MPAA (yes, even in Russia they still use that acronym), and numerous other sources, the local government decided to prosecute the teacher. They had little to no support from the federal government, or from Microsoft. Putin personally called the lawsuit ridiculous, and Microsoft's stance was that they see no reason to sue him personally, and don't want to have anything to do with the lawsuit, but will cooperate with Russian authorities so that "this case resolved in an amicable manner, so that everyone can move forward and Mr. Ponosov can focus all of his attention on his students". For their full reply, see here: http://eng.cnews.ru/news/line/indexEn.shtml?2007/0 2/08/234864

    I'm amazed that the immediate response is "ZOMG, MICROSOFT IS SUING PEOPLE" when they're doing no such thing. Even if Microsoft came out and told them they wanted the case stopped, the prosecution has no obligation to do so since the fact that it's Microsoft is irrelevant. It's a violation of piracy law, the specific software pirated is purely academic. It's the local Russian government screwing up by trying to make an example of someone, making both the federal government, and Microsoft, look bad for something they have nothing to do with. They're jumping the gun on trying to enforce piracy laws and in doing so do everyone involved more harm than good (unless you consider anti-Microsoft sentiment a good thing, but that's another issue entirely).

  43. Different kinds of IP, bub by Moraelin · · Score: 1

    Well, how does it feel, Microsoft? Someone "innovates" a little of your "intellectual property" (stole it fair and square, actually) and the courts don't think it's worth prosecuting. "Ohhhh, no harm done..." Just a little tiny pin prick of what the rest of the planet's actual innovators have been putting up with from Microsoft (and the lenient courts) all these years.


    I'd see your point if he was tried for a patent violation, or any other kind of stealing an _idea_. But he pirated a product. It's the difference between copying the suspension idea for a Ferrari and breaking into a Ferrary for a joy ride. It's not even remotely the same thing.

    Plus, MS until _very_ recently didn't even bother much with patents, and I still don't know of any case when they sued someone for patent infringements. And then mostly started patenting stuff when they got sued for blindingly obvious patents. So from an idea exchange point of view, MS practices what it preaches, so to speak. Or at least certainly doesn't bother preaching against it either.

    And before someone comes up with some lame "haha, but MS never innovated anything so they couldn't sue" slogan, actually they did come with new (if not spectacular) stuff, and at any rate bought other companies which did. So, you know, even if those guys didn't work for MS at the time when they invented that stuff, MS now owns their IP anyway. Not saying that it makes MS the great innovator, but they do own some original IP, even if by buying it. That's what I'm saying. So if they did try to block everything infringing on that IP, you'd see a _lot_ of (frivolous) litigation coming from Redmond.

    To put it into perspective, other companies have litigated for as little as your app _looking_ like theirs. There were lawsuits coming out of Lotus like crazy against everyone with the menus at the bottom for example. If MS were to try to do that, ooer, you'd see some serious lawsuits against every sod who made a xine-based player that looks like Windows Media Player. Or Mono? Ooer. That would be some litigation potential. If you think that .NET's not patentable because it's a Java clone, lemme remember that Sun got a patent as idiotic as the very idea of "a virtual machine with less than X opcodes" (where X was, I think 200 or so, so not even that challenging or innovative.) Yes, you heard that right: they didn't invent the VM, but got a patent on one with fewer opcodes than before anyway. Don't think that innovation or litigating over them is restricted only to great earth-shattering paradigm-shifting inventions, that's what I'm saying.

    Basically if this guy had stolen an idea from MS, like, I don't know, making an Aero-like window manager for KDE or Gnome, probably MS couldn't care less. (I know Aero is the bad example and not original, but bear with me. Replace it with implementing DirectX 10 in Wine, or implementing some new protocol as a kernel driver, or whatever else instead, if it makes you feel any better.)

    But he didn't, he just pirated Windows. Which, frankly, I'm hard pressed to see as some great "revenge of the innovators" act, in any form or shape.

    Yes, I'm a bitter little troll so blast me a new one.


    Well, at least you admit it. That's something ;)
    --
    A polar bear is a cartesian bear after a coordinate transform.
    1. Re:Different kinds of IP, bub by Kierthos · · Score: 1

      He allegedly pirated a product. He has not been found guilty in a court of law.

      --
      Mr. Hu is not a ninja.
    2. Re:Different kinds of IP, bub by tftp · · Score: 1

      He didn't pirate the product. The school bought computers with preloaded software, and nobody in the chain is willing to say who loaded the OS. It just magically came into being :-) But the teacher apparently did not install the OS because no premanufactured computer is sold dead, without an OS. He says he just plugged them in, and that's it: "when accused, I did not even know what software was loaded onto the machines." Most likely the computers were assembled in a small shop which did not bother with proper licensing, and then eventually sold to the school.

  44. hey teacher leave your kids alone by Anonymous Coward · · Score: 0

    We dont need no Microsoft..

    If MS software was not so heavily copied then it wasn't a standard remind that...
    This teacher had students who probaply learned how to use MS software too.
    In the western world MS heavily funds schools so that young kids learn how to use MS products, a keen marketing idea because when they leave school they know how to work with MS products only...
    So this teacher was in fact doing that on his own...
    As otherwise remind what if the whole of rusia would use Linux? Don't think Gates would like that either, altough its just verry easy for poetin to say from new on MS software is forbidden on schools, as kids should make up their own decesion to decide what to use.

    They dont need no tourch control, hey teacher leave your kids alone.

    Its perhaps time for MS to think about different prices for their software, when people use it in a personal form. Perhaps a new version, perhaps a free version for example a version that could not be joined to domain or active directory (work group only) that would have a limited number of shares. But has only the verry basics.
    As to me it's only a netwrok&disk-operating system not much more then that.
    To much blablaba, oh and sayin this i'm a MS admin and hate linux solutionsOften (cracky)
    But it went wrong after the playmobile XP i believe, rather would have liked if they once for all completly finish a product. (NT4 was on the right way on the end)

  45. Bill Gates? by rm999 · · Score: 1

    "Although Bill Gates rejected Mikhail Gorbachev's personal appeal for mercy on behalf of the teacher..."

    I haven't been following the story since the last Slashdot article, but did Bill Gates reject the personal appeal, or did Microsoft? Huge difference. I can't find any source indicating what exactly happened from their side.

    1. Re:Bill Gates? by gnasher719 · · Score: 1

      '' I haven't been following the story since the last Slashdot article, but did Bill Gates reject the personal appeal, or did Microsoft? Huge difference. I can't find any source indicating what exactly happened from their side. ''

      There is nothing either Microsoft or Bill Gates could reject.

      Russian police decided to go after someone for an alleged crime. Microsoft didn't. Bill Gates didn't. Nothing they could do.

      It now looks as if this was a case where the Russian police wasn't happy with the law, so they decided to demonstrate its stupidity by going after someone for maximum effect so that everyone is outraged about the stupid laws, so that the Russian police will then be told not to enforce the law which is exactly what they wanted in the first place. So far, this is going to plan. An arrest, huge outrage, top politicians involved, no harm done as the teacher goes free.

  46. Oh please by Moraelin · · Score: 3, Insightful
    Disclaimer: actually I'm not against MS, nor against F/OSS, I don't think either programs are that bad... but some of the arguments there come out as bull in this particular case. Sorry.

    3: Russia already has warned any researcher in coming to the USA (dmitri skylarov vs adobe)


    Which is irrelevant to this case too. We're not talking some security researcher who disclosed a security vulnerability, nor even cracked some DRM, but about someone who allegedly pirated some programs. I'm willing to bet that there was exactly zero research involved.

    4: Do we trust a US company or open source that anybody can review? China already supports Red Flag Linux.


    Sorry, but... Here I'll call outright bullshit. Sorry, this is _not_ about "let's use F/OSS instead of closed source", it's about using pirated closed source programs. If they wanted to support F/OSS, they could have done so, but no, they wanted to keep using Windows for free. There's a freakin' huge difference there.

    And spare me the emotional parts about trust, please. So they can trust closed source if it's pirated? Does Windows become more open if you use a pirated serial number? Does Office save its files in a less proprietary format just because it's on a CD-R? WTF?

    There _are_ good arguments for trusting F/OSS instead of closed source programs and proprietary formats. That senator from IIRC Peru made a damn good case for example. But this case isn't it. It's plain and simple about pirating closed source programs. If you will, it's exactly the _opposite_: these guys decided that they can trust MS and closed source all right, they just don't want to pay.

    Step out of the "yay, they stuck it to MS" mentality a little, and you may see that there's little to celebrate. There would have been ways to make a pro-OSS or anti-closed-source point, but that was not what happened here. They just gave a vote of confidence to MS, if anything. Price being equal (free as in beer, even if by virtue of being stolen beer) they just decided they'd rather use Windows.

    And, without going into your other points in detail, for the people of Russia I see even less to celebrate in this mockery of justice. It just shows that the whole country, including prominent figures like Gorbachev and (scarily enough) their president Putin, just can't wrap their head around such notions as "rule of the law". They're still stuck in the soviet era mentality, where "justice" is something based on scapegoats, favoritism, nepotism and rich powerful guys punishing the little guys they don't like. E.g., Gorbachev just showed that he has no freakin' clue what's the difference between a criminal case and Bill Gates persecuting a poor teacher.

    If that's the kind of politicians and mentality that Russia still has, then I feel genuinely sorry for those people.
    --
    A polar bear is a cartesian bear after a coordinate transform.
    1. Re:Oh please by indifferent+children · · Score: 1
      If they wanted to support F/OSS, they could have done so, but no, they wanted to keep using Windows for free.

      This guy is a school administrator, not a tech. He probably doesn't know what "software" is; he bought a computer. It's like you bought a refrigerator, and six months later, someone tells you that the freon inside the compressor is violating someone's intellectual property rights (but don't worry, you won't need a refrigerator in Siberia).

      I doubt that he knows about F/OSS, and he probably didn't know about Microsoft until the prosecutor charged him.

      --
      Censorship is telling a man he can't have a steak just because a baby can't chew it. --Mark Twain
    2. Re:Oh please by rifter · · Score: 1

      Gorbachev just showed that he has no freakin' clue what's the difference between a criminal case and Bill Gates persecuting a poor teacher.

      Bottom line: If Microsoft had declared his license valid, or said that he did not cause financial damage, there would have been no cause for prosecution in the first place. As it is, the judge decided that regardless of the fact Microsoft clearly did feel threatened and required their pound of flesh and pint of blood to wash it down, they had not been damaged here, at least not enough to merit a criminal case.

  47. Market failure by dryriver · · Score: 1

    The whole point of free markets is

    - that consumers have broad choice, including lower priced substitutes for crucial (i.e. non-luxury) goods
    - that market forces, including the limited spending power of consumers, keeps the pricing policies of producers in check

    If software producers followed these principles and priced their software lower in low-income markets however, you'd get a consumer revolt in the primary high-income market ("I pay $2,000 for my license of BlaCAD and they get it for $800 in country X? WTF?"). Your average Westerner's mindset is "if I have to pay X for this crap, they should pay X as well". And that's partly how we arrived at the 'digital divide', which some people are now trying to fix with initiatives like OLPC.

    That's a simple way of looking at it of course. You could argue that giving lower-income territories software "cheaper" might result in a lot of work performed with such software in the West immediately being outsourced to wherever software usage costs happen to be lower in Dollar or Euro terms. But its one way to explain the "lower than Western income, but having to buy at software at Western prices" paradox out there.

    --
    Why did the chicken cross the road? Because Elon Musk put an AI chip in its head.
    1. Re:Market failure by Ihlosi · · Score: 1
      Your average Westerner's mindset is "if I have to pay X for this crap, they should pay X as well".

      No. It is: "If they only pay X for this crap, then I should pay X for it as well.". And, if there is such a thing as a free market, then the above statement should be true. Heck, you could just go to the other place and buy your copy for X. That is, unless the maker of the software has some BS EULA/Region codes/whatever in place that keeps the market from being free.

  48. Putin's comment in Russian by gr8dude · · Score: 1

    I wonder if anyone knows where the original version of that can be found. You know, translations can be very tricky...

    1. Re:Putin's comment in Russian by Anonymous Coward · · Score: 0

      "No vot tak vzyat' i hvatat' cheloveka za to, chto on kupil tam komp'yuter kakoj-to i ugrozhat' emu tyur'moj, eto chush' sobach'ya"

      www.kremlin.ru

      "But to go and grab a person for buying a computer of sorts and threaten him with jail, it is nonsense (rubbish)"

      He did not say crap

    2. Re:Putin's comment in Russian by nacturation · · Score: 2, Funny

      "No vot tak vzyat' i hvatat' cheloveka za to, chto on kupil tam komp'yuter kakoj-to i ugrozhat' emu tyur'moj, eto chush' sobach'ya" Cool! Putin speaks Klingon.
      --
      Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
  49. Re:Shouldnt they be doing this with RIAA cases in by kjart · · Score: 1

    I believe the RIAA cases are civil (?) and this one was a criminal case - big difference.

  50. Time you get your hands on some real computers.. by Anonymous Coward · · Score: 0

    If you think Windows is what drives big iron computing you'll have to start looking around. One of the strengths of Linux is its foundation in Unix. The funny thing is that is doesn't HAVE to be 'the best' at all, although IMHO it scores high in terms of usability. It only has to be so much better than Windows that even FUD and marketing can't hide the obvious, and that's been happening for years now (OK, it's not exactly hard to do from a security point of view).

    Add to that that the original intention was just to have another Unix, not to beat MS and I would advise investors to start ditching MS shares like there's no tomorrow.

    But I'm not a financial advisor :-)

  51. Monarchies Continue by andersh · · Score: 1

    In case you haven't noticed monarchies continue to thrive and are actually doing quite well. In fact the Kingdom of Norway was rated #1 by the UN's annual Human Development Index (a measure of life expectancy, literacy, education, and standard of living). The US was number 8. Of the top 20 countries, 9 are monarchies - plus Canada, Australia and New Zealand have the British Queen as head of state. But I guess you meant the absolute form of monarchy?

    1. Re:Monarchies Continue by Catbeller · · Score: 1

      Norway thrives because they nationalized their oil companies. The money that normally would be pouring in into local oil companies and the big 4 internationals is instead staying in the country and is being spent on infrastructure, education, roads, health care -- all of that. The industrialized world is being impoverished by the oil cartels and oil companies, the lesson seems to be. Norway is leading the world in quality of living because they kicked out the thieves that are currently ruining *us*.

  52. Re:..Avoids Getting Sent to Siberia ? He lives the by Slashamatic · · Score: 1

    Its a bit hard to send them to Kiev or Odessa - they are in the Ukraine not the Russian Federation. Lenningrad = St. Petersburg, the best city in Russia. I would recommend somewhere like Kamchatka. That is about as remote as you can get whilst still being in the Russian Federation.

  53. Whoah there trigger! by rizole · · Score: 2, Insightful
    Let's just contextualise this out a bit more than M$/gpl ....

    This guy hasn't killed anyone, hasn't abused anyone, has been educating children. Frankly both M$ and the gpl can take a running jump. This is a human being doing good in the world. Punish him and the whole world is just that little bit worse.

    1. Re:Whoah there trigger! by Anonymous Coward · · Score: 0

      M$ Please stop it.
  54. Nope, it wasn't BSA by Moraelin · · Score: 1

    Nope, it wasn't even the BSA, it was the Russian state suing this guy all along. It was a criminal, not a civil case.

    Gorbachev just used this case to get some free publicity as some kind of Defender Of The Russian People, but his letter to Bill Gates was as irrelevant as it could possibly get for this case. There were no charges that MS could _possibly_ drop, since MS (or BSA) had not pressed any charges against him to start with. It's that simple.

    The only moment I know of when MS was in any way even contacted by the Russian authorities about this case was when the Russians offered this teacher a weird "we'll let you go if you apologize nicely to MS" bargain. AFAIK, MS actually accepted that, but the teacher refused and preferred to go to trial.

    Honestly, I'm disappointe to heck and back in Slashdot's coverage of this. Even by bleating zealot standards, this is stupid. God knows there's enough to complain about MS, there's no reason to dillute it with falsehoods and whines. I'd rather that people would get the real message loud and clear about what MS _does_ do wrong, than leave a general impression of just having a bunch of incoherent whiners against it. The former might change people's minds, the latter will even get MS sympathy.

    --
    A polar bear is a cartesian bear after a coordinate transform.
  55. Re:Shouldnt they be doing this with RIAA cases in by elgatozorbas · · Score: 1

    seriously.. we have to go to a former communist nation to get rulings the US should have?

    Why not? Insofar as a communist nation would have nothing to offer (which I doubt), they aren't any more, as you said yourself. For the rest of the world it is funny to see how Americans invariably think of themselves as the best, a golden standard, and are usually surprised when things are managed better, or at least equally well in other countries.

    Bearing in mind the US foureign policy... actually it is not funny.

  56. But disney is OWNED by Steve "Apple" Jobs by SmallFurryCreature · · Score: 0, Flamebait

    Wich means that is MS is copying the evil from disney they are really copying the evil from Steve Jobs/Apple. Not only does this mean that MS ALWAYS copies from Apple but also that Apple is the original evil.

    It all makes sense now.

    If you think about it, the "desktop" was developed by a copy company yet you can go to jail for copying it.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

    1. Re:But disney is OWNED by Steve "Apple" Jobs by kfg · · Score: 1

      I didn't bring up Apple because only a Complete Retard (anyone who doesn't use a Mac and actually undocks from the Mothership (iPod) just to talk on the phone) doesn't take it as an axiom that Apple did it first.

      KFG

    2. Re:But disney is OWNED by Steve "Apple" Jobs by indifferent+children · · Score: 1
      Apple did it first.

      Xerox did it first.

      --
      Censorship is telling a man he can't have a steak just because a baby can't chew it. --Mark Twain
    3. Re:But disney is OWNED by Steve "Apple" Jobs by kfg · · Score: 1

      . . .only a Complete Retard . . . doesn't take it as an axiom that Apple did it first.

      Xerox did it first.

      Look Grandma, here's one now.

      KFG
    4. Re:But disney is OWNED by Steve "Apple" Jobs by Anonymous Coward · · Score: 0

      And Steve stole it first but Bill got to sell it for real.

    5. Re:But disney is OWNED by Steve "Apple" Jobs by Feanturi · · Score: 1

      Come on now, I'm pretty sure the Serpent in the Garden did not offer Adam time with the photocopier.

  57. Ummm, spin much? by acidrain69 · · Score: 2, Insightful

    Come on, I hate microsoft as much as the next /.er, but Bill Gates did not REJECT anything. He is not a cop. He is not a judge. It isn't up to him to innocence or guilt or drop charges in Russia.

    --
    -- Having a Creationist Museum is like having an Atheist place of worship
    1. Re:Ummm, spin much? by RightSaidFred99 · · Score: 1
      Of course they spin. I'm mainly on here for a hoot and to mock and heckle people, but seriously it seems there are about 5 different opinions on Slashdot and they get posted over and over again by the same ridiculous, self-righteous ponces.

      "Microsoft is a 'convicted monopolist'!"
      "Gates' philanthropy is a fraud!"
      "Gates is in many ways comparable with Hitler in terms of evil!"
      "Microsoft has held back computers! We'd have much better shit now without them!"
      "DRM is evil!"

      It's really quite a joke. You'd think they'd be ashamed of being parodies of themselves, but apparently not.

  58. Siberia by mapkinase · · Score: 1

    Right, to Siberia, where the bears walk on the streets socializing with bearded men. /sarcasm

    Seriously, why is it so difficult not to give up to the desire to use easy journalistic tricks, such as stereotypes for the comic effect. Not that I am offended as a former Russian citizen, but... give me a break. This is like "Soviet Russia" joke - outdated, tasteless and plain vanilla stupid.

    --
    I do not believe in karma. "Funny"=-6. Do good and forbid evil. Yours, Oft-Offtopic Flamebaiting Troll.
    1. Re:Siberia by drinkypoo · · Score: 2, Funny

      Right, to Siberia, where the bears walk on the streets socializing with bearded men.

      No, that's San Francisco.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  59. the threat is enough by Anonymous Coward · · Score: 0

    I'd like to see lots of stories about "M$" suing schools

    M$ doesn't need to sue. The threat is enough. School districts in many countries have been shaken down by M$ with just the threat. None of them have money for a legal battle against M$, regardless of how they think the outcome will be. But then you knew that about your employer already.
  60. Let's do an audit ! by gx5000 · · Score: 1

    " 'Microsoft's financial damage is too insignificant for a criminal investigation.'"
    Now if I can just find out where I can send a bottle of Vodka so she gets it.
    She has saved their justice system from possibly months of useless court time. I salute this judge for her jurisprudence. If you want to prosecute this guy I say go after the millions that pirated Win95 back in the day and, huh wait, that's what gave M$ their marketshare isn't it...oh well...

    --
    End of Line.
  61. Well now you see by Anonymous Coward · · Score: 0

    Bill Gates' mask just fell off for a second. Eecch. It's not a pretty sight.

    /cynical mode
    "The foundation for the improvement of Bill Gates' reputation has made lots of donations to idiotic causes in Africa (instead of a sterilization program). Bill smiled for the camera. Then went back to plotting world domination soon after."

  62. Small size scale of the problem by DrYak · · Score: 1

    ake the context put linux and gpl on one end, and you will realize that a court could rule that since no one is placed in a financial disadvantage people can abuse the gpl.

    It's not the *absence* of financial implication, it's the "too insignificant" (according to TFA) small scale of it.
    In fact this indirectly recognize that there *was* indeed financial disadvantage (whether or not the teacher was going to hand money and buy the incenses to have OS anyway if he couldn't download it, OR if he couldn't afford an OS and no matter what he'll never pay anything, and just try another solution is neglected).
    The reason while the judge doesn't consider it useful to pursue the suit, is that she thinks that just a few copies that microsoft didn't sell isn't going to hurt them as much, as if he was *distributing* it on the net (in which case he'll be causing a much more significant loss of revenue to Microsoft).

    Most of the time (except for example for import/export regulation where "limit" quantities are specified) the law is quite binary, actions are either forbidden or authorised : Copyright laws, in most jurisdiction, forbids to make copies without have license to do so. Whether one make 1 single unlicensed copy for himself, couple of dozens copies for a computer in the room, or has participated in massive diffusion of unlicensed software over the net with millions of copies. Whether one "steals" a shareware that costs $1.00 or one deploys a dozen of different unlicensed software, all on several dozens of computer in a whole corporation.
    It's left at the discretion of judge and jury to decide at which end of the range of punitive measure they will sentence, or they think the whole thing is meaningful (compared to this case, where the teacher mostly hasn't just paid for a couple of license, which will be anyway much smaller than the cost of the suit. Technically stealing a 10 chewing gum is stealing. Nobody bothers to sue such a thief, and probably no judge will accept to handle such a meaningless case. The store prefer to make an arrangement with the thief, usually "put it back on the shelf or I'll tell it to your mommy").

    And to come back to your GPL example : GPL happens to consider such distinction of scale between personal copies and distribution.
    Per GPL, you're authorized to do whatever you want with your own copy of software on your own machines.
    Per GPL, it only start to matters when you start to distribute software : you can distribute it unmodified as it came (with code source or link to them and a copy of GPL), you can modify it, BUT if you modify it and want to distribute the modified version, you have to comply with the GPL a provide the source code of your modifications. If you don't comply to the GPL, you lose this license and only the general copyright law apply.
    Per copyright laws in most countries, you're not allowed to distribute code.

    Now with your situation : it doesn't involve distribution, so there no way teacher could be guilty.
    If he acquired the software : no problem for him, he could easily get on GPL-compliant copy.
    If he releases the software : GPL allows unlimited verbatim copies.
    If he installs the software : his software, his machines, no problem.
    If he modifies the software : no problem. Do whatever you want with you own copy
    If he installs the modified version : his "own custom" software on his own machines, do as you wish.
    If he releases the modified version : Only *there* can something go wrong :
    - he distributes the modified software with modified code : no problem, go ahead, that's the whole philosophy of the GPL
    - he distributes on binaries of the modified software : that a violation of the GPL and voids it. In absence of GPL, only copyright laws apply and in most jurisdictions, they disallow distribution of software you don't own.

    In the teachers case :
    he would have no problems to install the software for free on all machines in the school.
    he would have no p

    --
    "Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
  63. In Soviet Russia.. by Mizled · · Score: 0

    In Soviet Russia, computer pirate you!

    --
    Bite my shiny metal ass.
  64. Other Odessa by Dareth · · Score: 1

    My mother lives in Odessa, TX.

    A most dreary place. My grandfather calls it the "Asshole of the World".
    I think that is because it is surrounded by buttes.

    --

    I only look human.
    My mother is a halfling and my dad is an ogre, so that makes me an Ogreling
  65. Unnecessary bias in the summary by Strolls · · Score: 1

    the allegedly illegal Microsoft software that were preloaded on the computers they bought
    We all know what happened, here. Was the use of "allegedly" really necessary?

    But let's turn that statement around just the tiniest bit:
    the illegal Microsoft software that was allegedly preloaded on the computers they bought

    Makes the whole context seem a little different, doesn't it?
    If anything I think it's almost certain that the software was pirated - isn't there the possibility that the teacher himself pirated it, at least as likely as that of him buying it preinstalled?

    Really I think we're all convinced of the surface narrative - the teacher did indeed buy the computers with a pirated installation of Windows preinstalled - and that interpretation renders the "allegedly" entirely redundant.

    Stroller.

  66. Re:Shouldnt they be doing this with RIAA cases in by b0s0z0ku · · Score: 1
    seriously.. we have to go to a former communist nation to get rulings the US should have?

    I can't speak for Russia, but a lot of the new guard in government in places like Czech., Poland, etc is very wary of the idea of people losing civil rights. They suffered through too much under Soviet control to let a similar abomination happen again. I'd suspect that the same goes for Russia.

    -b.

  67. Re:..Avoids Getting Sent to Siberia ? He lives the by b0s0z0ku · · Score: 2, Informative
    Where do they deport the inhabitants of Siberia when they are found guilty in a court of law?

    Well, under the Soviets, there were basically three classes of people in Siberia.
    (1) Convicts in prison camps. Basically like the chain gangs in the Southern US in the 1930s, except a hell of a lot worse. The convicts in turn were divided into politicals and ordinary criminals, the latter often being given positions as trusties in the camps, and lording it over the politicals.
    (2) People released from prison or deported. Usually tied to a Siberian town or village and not able to live in any Russian city or in European Russia for a certain number of years.
    (3) Free people. People whose families either lived there for generations, or people lured by the promise of higher wages, patriotic Komsomol fervor, etc to work in Siberia. Also some native tribes, similar to Inuit in Alaska and northern Canada.

    -b.

  68. Too bad... by Reservoir+Penguin · · Score: 1

    We need more teachers here. Because of the winter coming so late this year the bears didn't go into hybernation and hungrily roamed the countryside getting many village school teachers. There have also been many http://news.ngs.ru/more/24841.php brutal fox attacks in our area too.

    --
    US-UK-Israel: The real Axis of Evil
  69. I don't know about the merits of this case... by kmweber · · Score: 0

    ...but the degree of damage the alleged activity caused to the victim is irrelevant.

    If Posonov is indeed guilty, he should be punished, period, end of story. If not, he should go free.

    The size and wealth of his alleged victim is completely irrelevant to his degree of guilt (or lack thereof).

    --
    "Other than that, Mrs. Lincoln, how was the play?"
  70. Anyone know the exact U.S. Punishment for Piracy by mgpeter · · Score: 2, Interesting

    This story scares me ! I am an network administrator for a few places including a school. I have been struggling to keep unlicensed software off of our computer network - unfortunately some teachers take it upon themselves to install software, say Microsoft Office, because they cannot waste the 5 minutes it takes to get used to OpenOffice.org.

    I have given them lots of software options on their computer: All computers dual boot Windows XP (licensed!) and SLED10. All computers have lots of Free Software to do just about any task and most programs are very easy to learn. Unfortunately we have a few programs the teachers have to run that require Administrator rights, this opens the door for them to install any software. I have had to remove quite a few programs: MS Office, Adobe software, Hallmark Card software, etc.

    If I am the Network Admin, under U.S. Law, am I LEGALLY responsible if the school comes up having unlicensed software installed during an Audit ??

    I have had this discussion with the Superintendent and he is seriously requiring all our Vendors to have their programs run under Linux within 2 years (as if they actually would care to lose us as a customer), which would allow us to destory the Windows partitions on all of our computers. Needless to say, I have a feeling within the next year or so I will have to become a WINE expert.

  71. petty child by Anonymous Coward · · Score: 0
    "which now returns a M$ 404"

    That is, as opposed to an Apache 404? Or are "M$" 404's more insulting to you? Is there something special about "M$" 404s? Do they smell better than Apache's?

  72. Re:..Avoids Getting Sent to Siberia ? He lives the by Anonymous+Matt · · Score: 1

    This rises an interesting question. Where do they deport the inhabitants of Siberia when they are found guilty in a court of law? To Kiev, Leningrad or Odessa?

    To One Microsoft Way, Redmond, Washington?

  73. Doubtful by Xenographic · · Score: 1

    > I would not be surprised if MS has been leaning on the Russian authorities to ensure that the teacher got off - which would explain why the serious charges were dropped by the prosecution. They can not openly say they are in favour of piracy, but the last thing they want is people switching to Linux to save money.

    I would be. It's far more easily explained by the fact that Putin and Gorbachev came out against it, while Bill & co. refused to (and also DID support their reseller who, according to said teacher, sold them the pirated software). In other words, there's absolutely no reason to suppose that they secretly support it, and if you want to finger someone as putting pressure on the judge, Putin and Gorbachev both have the clout to do it and they're publicly in favor of letting the guy off.

    1. Re:Doubtful by the_womble · · Score: 1

      I did not way they necessarily did, only that it was possible given their motivations. It is hardly uncommon for someone from a big company to have a quiet word with the authorities when necessary, and the publicity was hugely damaging.

      I find MS's support for the retailer very interesting. Did the PCs come with Windows pre-installed or not? If they did, then the reseller was pirating. If not, were the PCs sold with no OS or another OS? That is hardly common. The alternative is that there was an intermediary between the MS reseller and the school, who installed Windows, in which case why did no one go after them?

    2. Re:Doubtful by Xenographic · · Score: 1

      The teacher claimed that they were sold with illegal copies of Windows on them. The reseller claims that they were sold with no OS.

      Of course, I have no way to know who is or isn't lying here--both certainly have motive--although I didn't think Microsoft *allowed* resellers to sell machines with no OS. It's been one of their anti-piracy [and anti-competition] clauses, given that they charged people per PC they shipped, whether it had Windows or not. They said that this would prevent them from getting shortchanged due to "blank" PCs that weren't.

      Incidentally, the articles claimed that the prosecutors changed the charge midway through, instead dropping it down to the week the school allegedly used the PCs while knowing that the software on them was illegal. I think that makes it even more clear why a judge would drop the case--after all, in the US, we have a constitutional requirement of a $20 minimum loss before something can become a federal case (mind you, $20 was worth a *lot* more back when that was written--I don't think we ever adjusted it for inflation). There's also some minimum loss before the FBI will get involved, too. It's something on the order of $50,000 unless I misremember. That figure is probably wrong, but it's in the ballpark, and that's still the low end, so they're unlikely to pursue a $100,000 case when there are $10 million ones. And that also explains why the "losses" due to some of the more famous hacking crimes (e.g. Mitnick's exploits) were so inflated--you can't get the FBI's help if you only lost chump change :]

  74. Re:Anyone know the exact U.S. Punishment for Pirac by adolf · · Score: 1

    Um.

    How will destroying Windows help solve your software piracy problem?

  75. Re:Anyone know the exact U.S. Punishment for Pirac by Anonymous Coward · · Score: 0

    99% of the software available for Linux is Free Software - that alone would take a big chunk out of the piracy issue. Furthermore a standard user cannot install anything on the machine without the superuser password - they can only install software within their home directory (or a shared network folder). This would take the blame of the piracy (if it would occur) back to the person who actually does the piracy and not the Network Admin, Principal or Superintendant.

  76. Nationalized? by andersh · · Score: 1

    Norway never "nationalized" anything - however the government at the time did require that a majority of the profits would go to the state. Royal Dutch Shell and British Petroleum have been the largest investors and developers of oil field off the coast of Norway. So if anything the "thieves" are still here, not that they get to keep much of their earnings. Today the state oil company, Statoil, is actually a publicly traded company listed on the NYSE. The Norwegian government has something like 50-60% of the shares. However the actual surplus from the oil is NOT invested in the local economy - but invested abroad to avoid overheating our own economy.

  77. Re:Anyone know the exact U.S. Punishment for Pirac by adolf · · Score: 1

    Oh. Right - sorry. I forgot: It's not about actually solving a problem, but instead about adding additional steps to The Blame Game, and its counterpart The Finger-Pointing Game.

    So it doesn't matter if piracy continues, as long as everyone's covering their own ass and doing a bunch of hand-waving.

    My mistake.

    (ObTopic: Hey, you stupid bunch of fucks! Stop running Windows XP as administrator, learn a thing or two about file permissions (NTFS does not have to suck) and it'll stop letting your users steal Office!)