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Microsoft To Issue Blanket License To NGOs
itwbennett writes "Following a recent report that Russian police have used software copyright raids to seize computers of activist groups, Microsoft announced it will issue a blanket software license to nonprofit groups and journalist groups outside the US. The new blanket license should remove software piracy as an excuse for 'nefarious actions' by enforcement authorities, Microsoft General Counsel Brad Smith wrote. The new license 'cuts in one swoop the Gordian knot that otherwise is getting in the way of our desired handling of these legal issues,' he said. 'The law in Russia (and many other countries) requires that one must provide truthful information about the facts in response to a subpoena or other judicial process. With this new software license, we effectively change the factual situation at hand. Now our information will fully exonerate any qualifying [nonprofit], by showing that it has a valid license to our software.'"
And the qualifier is, of course, "qualifying." The article doesn't say who qualifies
The article does not, because it talks about a future event ("will issue a license"). I would imagine that the text of said license would go for over 40 pages (as usual) detailing out who qualifies for what.
And the qualifier is, of course, "qualifying." The article doesn't say who qualifies, and says that journalists and NGOs don't have to do anything to get the license, which means they don't find out that they don't qualify until they're in the same situation they're already facing, I guess.
This isn't the sort of situation where microsoft would be trying to weasel. More importantly, the way it worked from what I can tell, is that russian authorities needed Microsoft lawyers to essentially sign-off on the complaints against dissidents -- they'd indicate they had "reason to beleive" group-X was using priated software, and the MS-attack-lawyers would say 'raid away'.
This change is essentially instructions from Microsoft to its own legal counsel saying if its an NGO or Journalist etc then they have a license, and not to be party to police requests.
Strictly speaking they could instruct their lawyers to refuse to pursue cases against NGOs and so on without the license, but this 'grant of license' is:
a) good PR
b) makes it harder (impossible?) to for the police to build a software piracy case as long as the legal system isn't competely subverted. The Microsoft lawyer simply says "they are licensed" end of story. He doesn't have to say, something like "my client isn't interested in prosecuting a case against them". Its more thorough and complete this way. It changes from "they might be doing something wrong, but we don't care to find out" to "we are completely satisfied that they are licensed".
which means they don't find out that they don't qualify until they're in the same situation they're already facing, I guess.
As you can see they don't really need to "know they qualify". The protection is indirect - its really more a way to give microsoft's lawyers an out from having to cooperate with russian police against NGOs more than direct protection for the end user. At least that's how i read it.
So far as my limited understanding of US copyright law goes, the government cannot sue someone for copyright infringement on behalf of the rights owner; the latter actually has to initiate the process. In Russia (and a few other places), this is not the case - copyright infringement (even small-scale) is a criminal matter, and prosecuted as such by the state, with or without cooperation from the rights owner. This is what made possible the abuse in this particular case. It's actually hinted at in TFS:
The law in Russia (and many other countries) requires that one must provide truthful information about the facts in response to a subpoena or other judicial process. With this new software license, we effectively change the factual situation at hand.
The situation before was like this: say, Russian police gets a tip from "above" to harass a particular NGO. They raid the offices on some premise (it's not US, so there are many ways to legitimize such a raid) and confiscate a bunch of PCs. They then subpoena MS to testify whether software on those PCs, in which MS holds copyrights, is legitimately owned or copyright-infringing. Chances are high that at least a few boxes would have something unlicensed on them - and if they don't, you can always plant it there (rumor it is that it's precisely what they did in the case in question), so MS says "yes, some of that is not licensed". Police then takes it to state prosecutor which uses it as the grounds for the copyright infringement case.
The whole point of this blanket license is so that, if govt tries that trick again in the future, MS can say that all software in question is legally used, without even having to look at it. Hence there would be no grounds for a lawsuit.
Though something tells me that they'll just start looking for pirated Photoshop etc from now on.
Weird shit has been happening to me since I started taking Ambien!
RIP America
July 4, 1776 - September 11, 2001
In Soviet Russia, Microsoft protects you from government.
I used to work for a 501c3 non-profit and we got ridiculously good deals on Microsoft licensing. Everything from server licenses, to Office suite, Exchange and the whole Back Office line of products (SQL, Sharepoint, etc). I know that our Office licenses (for the Professional edition) were in the neighborhood of $30 a piece. That included a provision that allowed the users to have a copy of the program on their home computer as well.
For instructional use, they give us software for free. We decided to just go and get their software assurance pack (more or less a site license for their software for any use) and it is extremely cheap on a yearly basis. Students get massive discounts, and the get to keep the license when they leave and use it for any purpose, including for profit.
MS and Adobe are actually two of the best companies for cutting educational institutions a break. Some of the engineering companies... Well they are assholes :P.