Slashdot Mirror
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.'"
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.
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.
Nice FUD job though. Gotta get those ad impressions going.
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.
In soviet russia, courts treat you justly!
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!!
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.
>> Teacher Avoids Getting Sent to Siberia For Piracy
Clearly they are not teaching the three "Arrrrr!"s in school these days.
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
They pirated it.
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.
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.
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.
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.
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