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Microsoft Fined In India For Using "Money Power" Against Pirates
bhagwad writes "The Delhi High Court has found Microsoft guilty of using money and influence to make it expensive to defend against piracy cases. According to the judge, 'When the constitution of India provides equality before law, this equality has to be all pervasive and cannot be allowed to be diluted because of money power or lobbying power.' Furthermore, the judge said that Microsoft had to deposit a certain amount of money beforehand, and, if they lost the case, the money would go to the defendants for their legal and travel expenses. For icing on the cake, the court also appointed a commissioner to probe the matter further and ordered Microsoft to pay the costs. In an age where muscled corporations harass the ordinary person through expensive litigation, it's highly pleasurable to see them rapped for it by a judge."
Too bad that lawsuits and prosecutions are about winning and losing, not about finding out the truth.
Stupidity... has a habit of getting its way.
This is entirely about jurisdiction. The copyright violations occurred in four cities, but microsoft filed suit in the capital. The judge is merely saying that if they insist on suing in the capital they must pay for the defendants travel expenses in the event microsoft loses.
Exactly, India adheres to principle of Innocent until proven Guilty. /. headline already calls the defendent Pirate. Judge Siding the pirate makes no sense. Judge has not ruled on the case yet. He is making an observation on the MS tactics of filing case in a different jurisdiction when they can file in the jurisdiction where the alleged infringment has happened. Commened the Judge for taking this stand. As usual, MS where ever they go, wouldn't change their lousy tactics.
Was using the term "rapped" in the summary of the article necessary? It gets rather old watching the word used so flippantly. Good Job bhagwad, you just surpassed Kdawson as the worse /. editor.
Ooooh! You rapped kdawson AND bhagwad there! Niiiiice!
Was using the term "rapped" in the summary of the article necessary? It gets rather old watching the word used so flippantly. Good Job bhagwad, you just surpassed Kdawson as the worse /. editor.
CS-
This is why spelling and reading comprehension are important in school. It is not just so that others can understand you. It is so that you can understand others.
They were not “fined”.
It’s merely a deposit. If Microsoft wins, they get the money back.
Also... $16,000? That’s pocket change to Microsoft. They’re probably laughing right now.
Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
It's sad. They even view this as correct behavior in the U.S.
It's a large part of the reason our justice system is broken with regard to the wealthy and powerful and corporations.
It's a large part of how RIAA succeeds. They just sue you to death until you are out of money and can't defend yourself.
She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
I don't see anything in that to be torn over.
The court's ruling does not prevent MS from pursuing its claims, particularly if they are legitimate. It does say that MS cannot try to deny the defendants their right to a fair trial. Even a guilty party has that right.
There is only a dilema if you believe you have reason to choose sides between the alleged pirates or MS. Why do you think you need to choose sides? If the alleged pirates are guilty, but also MS is trying to bully them, then both are wrong. On the other hand, while there is piracy in India, you don't know that these particular allegations are true.
That's the point of a fair trial. The rules shouldn't favor either side, so there is no need to take a side. All you have to decide to evaluate the merits of this ruling, is whether it makes the playing field more level or less so.
Was using the term "rapped" in the summary of the article necessary? It gets rather old watching the word used so flippantly.
A friend of mine made the same mistake many years ago. It was an English Literature class, and we had a group project where we had to stand up and present about various poetry.
When it was his group's turn, they stood in front of the class and began talking about and reading the same poetry that we had all been required to read and discuss - making the entire exercise completely pointless.
My friend was simply reading the poem allowed, from a printed copy when he committed the error.
The teacher heard it, I heard it, and a (different) friend heard it. My friend and I shot each other a glance - a terrible mistake, because I believe we now both got ulcers from containing our laughter.
My friend at the front of the class continued, blissfully unaware of his mistake. The teacher made no attempt to correct him. She either felt it was a lost cause, or was putting all of her effort into squelching her laughter.
The blank stares from the rest of his group, who were standing at his side waiting for their turn to be over, and from the rest of the class confirmed that they either didn't notice, or that they thought it was correct.
After the group was finished, the teacher quietly explained to my friend (who had committed the error) why we had been smirking, squirming in our seats, and frantically biting our tongues.
He was reading "The Raven", by Edgar Alan Poe.
For those unfamiliar...
Once upon a midnight dreary, while I pondered weak and weary,
Over many a quaint and curious volume of forgotten lore,
While I nodded, nearly napping, suddenly there came a tapping,
As of some one gently raping, raping at my chamber door.
`'Tis some visitor,' I muttered, `tapping at my chamber door -
Only this, and nothing more.'