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Russian School Teacher 'Pirate' Case Re-Opened

Posted by Zonk on Fri Mar 30, 2007 10:19 AM
from the some-guys-can't-catch-a-break dept.
newtley writes "Russian school teacher Alexander Ponosov thought he was out from under after having been accused of 'criminally' using Microsoft product. A Russian court threw the case out, calling it 'trivial,' and Russian president Vladimir Putin said those who make "pirate" goods should be targeted, not consumers, calling the trial "utter nonsense". Now the BBCA Russian court has ordered a retrial, 'after pressure from the prosecution'. However, Ponosovhas now launched a web site. It's in Russian."
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[+] Your Rights Online: Teacher Avoids Getting Sent to Siberia For Piracy 252 comments
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.'"
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  • That's way too hard to read. Who can learn all that? It's like the Russians have a different word for everything!
      • For the price, seems like 3g of cocaine's a lot more useful than a copy of Vista Home Basic.
      • Re: (Score:3, Interesting)

        Its very interesting that Cocaine (3g ~ $120 == 3122 rubles, or so I've heard ;) and Windows ($99 here and there) are priced the same as in the US, while everything else on your list is way cheaper in Russia. Does the Windows price in other countries also track with Cocaine? Do other drugs and contraband follow the same scale?

        Is Windows really placing itself in the same market as illegal substances, rather than on par with the legal consumer products?

        For reference, here's how your other items compare:

        - Yo
        • Beer is about 5 times more here (12-pack of budweiser for $10 vs your $11.50 for 60 bottles).

                Speaking as a non American I must insist that Budweiser is NOT beer!!! :P
  • It's an interesting debate about who should be held liable, the user or the provider. In this case, they are siding with the user.
    • I suppose one way to look at it is: If you make the average consumer liable, they will be that much less inclined to not buy the pirated software to begin with. No customers = no pirates.

      Not that I completely agree with that theory, but it's certainly a valid take on it.
      =Smidge=
      • Re: (Score:2, Insightful)

        But average Joe does not know what differs a pirated version from the real deal. My room mate has XP installed and all he knows is his friend back home fixed his computer, but it is not a real copy or install and he does not understand that. He tried to the the MS genuine verification thing and it failed and I tried to explain that to him but he just does not understand.
        • Well, buying stolen property has been illegal for many years, even though the same argument can be used to defend people prosecuted for it. How are they supposed to know, for example, that the nice car audio system they bought for $50 from a strange looking guy, was stolen?

          Now, I'm not asking for a debate on whether license infringement is equivalent to stealing in all respects — just pointing out, that the argument you put forward applies (or, rather, does not apply) equally to both.

    • Re: (Score:3, Interesting)

      Man, automatically translated ungrammatical blog-y Russian, makes for some nigh-incomprehensible English. It actually does get some extremely colloquial phrases correctly, but also completely messes up some trivial ones.

      Some things are just baffling:

      "It is my understanding that among readers of the magazine legally Kisbér people."

      The word in the original is "shod" (as in past participle of "shoe", as in what you do to a horse), an idiom meaning "skilled/versed in". It's curious how that becom
      • >Man, automatically translated ungrammatical blog-y Russian, makes for some nigh-incomprehensible English.

        No problem. I'll use it for the next round of spam e-mail I send.

  • Great. (Score:3, Funny)

    by Spazntwich (208070) on Friday March 30 2007, @10:22AM (#18543819)
    Obviously, Russian prosecutors have no appreciation for the consequences of their actions.

    One less pirate, one step closer to our inevitable demise due to global warming.
    • It's only cause all of the Russian pr0n pirates distribute is so hot.
    • Obviously, Russian prosecutors have no appreciation for the consequences of their actions.

      One less pirate, one step closer to our inevitable demise due to global warming.


            Another consequence (especially when Putin has said that this is silly): a little polonium here, a little thallium there... enjoy your sushi, Mr. Prosecutor!
      • One way or another it brings me one step closer to beer spewing volcanoes!

              Personally I just want to be allowed to graze awhile on the Giant Meatball before my turn in the Beer Volcano. I wonder if there's Parmesan?
  • by chris09876 (643289) on Friday March 30 2007, @10:24AM (#18543843)
    Microsoft has distanced itself from the prosecution, saying it had nothing to do with the charges and had opted last year not to bring any civil action.

    Microsoft has said they're not interested in prosecuting... no wonder, that would be some bad press. The guy is a school teacher, using Windows on 12 computers in the school. It's probably good news for Microsoft that he's using their software - get the kids hooked on Windows while they're young, so they'll be accustomed to using it (and possibly paying for it) later in life.
    • Re: (Score:3, Insightful)

      You know one thing MS could do that would be charitable is just give the poor guy 12 licenses and tell the Russian courts to fuck off once and for all.
      • You know one thing MS could do that would be charitable is just give the poor guy 12 licenses and tell the Russian courts to fuck off once and for all.

        I'm pretty certain they already have. "Innocently" receiving pirated software is covered under the TOS and Microsoft can, at their discretion, issue new keys.

        And he's going to win at trial. He's not claiming that he has the "right" to pirate software, but that he didn't pirate it at all. He claims that he got Windows preinstalled on PCs he purchased for the c
      • You know one thing MS could do that would be charitable is just give the poor guy 12 licenses and tell the Russian courts to fuck off once and for all.

              What, and the prosecutor won't get his free laptop?
  • Obligatory (Score:5, Funny)

    by Anonymous Coward on Friday March 30 2007, @10:25AM (#18543851)
    In Soviet Russia FCKGW key enters you!
  • by jhfry (829244) on Friday March 30 2007, @10:29AM (#18543899)
    We could use a Martyr in our crusade against ridiculous copyright laws.

    Seriously, this aggression toward a relatively innocent school teacher who only wanted to give his students the best education he couldn't afford... it doesn't cause fear of piracy in the publics eye it causes ANGER.

    Eventually these ridiculous lawsuits and penalties will drive the public to fix a damaged copyright system, or even drive them to embrace products that are not burdened by such copyrights. I just hope it happens soon!
  • Edubuntu (Score:5, Insightful)

    by ehaggis (879721) on Friday March 30 2007, @10:30AM (#18543917) Homepage Journal
    This is why I am launching our school's computer lab with Edubuntu.
    1. Built in Terminal Server - works well with donated (read: ancient) equipment
    2. Great educational programs and games
    3. It just works
    4. Licensing - what licensing?
    5. Maintenance and Administration - very little compared to a similar MS environment.

    Perhaps more people in educational circles will see the benefit of switching from this poor teacher's incident.
    • Re: (Score:3, Interesting)

      His blog was a bit difficult to read, but it looks like he is trying to find help installing Linux on the computers. With the visibility that this case is getting, I wonder how much good PR Linux will get? Perhaps Edubuntu or some other Distro group can send them (Russian educators) some free CDs?
    • Re: (Score:3, Interesting)


      4. Licensing - what licensing?


      It has a license.. Please read it carefully. Making copies and distributing the software is permitted in the license. The license does have some restrictions including leaving out the license in your copies.

      Downloads: 607
      Developer: Edubuntu Team | More programs by this producer
      License: GPL (GNU General Public License)
      Price: FREE
      Last Updated: March 23rd, 2007 18:13
      Category: MAIN :: System :: Operating Systems :: Linux Distributions

      http://linux.softpedi [softpedia.com]
  • Now this is what I'd call a Russian Reversal.
  • Time to Switch (Score:5, Informative)

    by Technician (215283) on Friday March 30 2007, @10:33AM (#18543961)
    I wonder how much the liability of running pirated MS products will now be an incentive to move to Linux?

    Most distro's have a Russian language version and don't come with the litigation risk.

    • Re:Time to Switch (Score:4, Informative)

      by Cyberax (705495) on Friday March 30 2007, @11:30AM (#18544857)
      There are such talks in the Ministry of Education and a general audit of computer systems at schools is planned (http://www.permoboz.ru/txt.php?n=4971). I don't think they'll lead to anything.

      But there's also a vocal opposition and they do have valid arguments, and a lot of FUD along the way. For example, hired MS "experts" say that: "it's impossible to teach computer science to children without using Windows" and "Experts are united in their opinion that Linux can be used only by technically skilled people with an extensive computer knowledge" (translation is mine, original is on: http://www.permoboz.ru/txt.php?n=4971 [permoboz.ru]).

      The curious thing is that Russian military already uses customized Linux (it's called MSVS :) - Mobilnaya Sistema dla Vohoruzhionnih Sil, Mobile System for Armed Forces).
      • MSVS is a cute name for a Linux distro, ain't it? ;)

        But seriously - that sucks - "developers" basically raped GPL - as is no source available and NO license is included with it at all. It's like 60s-70s again (when USSR stole from IBM the whole platform).
        • Well, I'm sure that Russian government will change copyright law to include http://en.wikipedia.org/wiki/Eminent_Domain [wikipedia.org] powers for state agencies.

          Hmm... That sounds like a plan:
          1. Contribute code to Linux.
          2. Sue Russian government for copyright infringement.
          3. ...
          3. Profit for allofmp3!

          Though seriously, MSVS is just a Linux kernel with obsolete (VERY obsolete) userland and a few "nice" visual tools. It is deemed 'secure' because all of its code is thoroughly audited. And I doubt that they violate GPL too mu
      • Experts are united in their opinion that Linux can be used only by technically skilled people with an extensive computer knowledge

        Unfortunately the facts are starting to bust the myth. With new distro's out that are very easy to install, have working applications and much easier to keep bug free, the myth is quickly dying. I am a Linux novice. I had to crack a book to find out how to create a directory from a prompt just last week. This is inspite of having been a Ubuntu user for almost a year. From th
        • Sure.

          But to be fair, there ARE some usability problems with Linux. For example, how can I share _CDROM_ for the local network?

          It sounds easy, but it is not (normal SMB/NFS interferes with automounting)
          • But to be fair, there ARE some usability problems with Linux. For example, how can I share _CDROM_ for the local network?

            In Windows you are used to the concept of mounting a CD in the drive and sharing it via the share folder functions. You are limited by the number of CD rom drives you have.

            In linux, you make an ISO of the CD and put the CD away. While your at it, make ISO's of many CD's. Mount the ISO's and share them. It's not hard.

            Your choice, share a CD which anybody walking by can simply eject wit
    • THE problem in Russia with moving to Linux (or FreeBSD) is that Internet connectivity is scarce and very expensive. The only place where it's more or less ok is in Moscow but Moscow is like another country here in Russia.
  • by rjmx (233228) on Friday March 30 2007, @10:42AM (#18544049)
    > "Russian school teacher Alexander Ponosov thought he was
    > out from under after having been accused of 'criminally'
    > using Microsoft product"

    It should be criminal to use a Microsoft product.

  • by cioxx (456323) on Friday March 30 2007, @10:49AM (#18544175) Homepage
    The administrator in question is enjoying this publicity and thumbing his nose at the authorities and Microsoft as if it is some kind of a virtue to run machines preloaded with pirated copies of Windows. There has been talk in Russian press that he was well aware that software was illegal on dozen of the machines but still decided to cut the costs and pocket the difference.

    During a court trial he was asked to apologize and move on but he insisted of filing an appeal to "clear his name" and play a martyr of some sort. In sum, this guy is an asshole.

    If one were to put aside the bias towards Microsoft, it's clear that Panosov is being defiant, despite him being completely guilty.

    I've checked his blog and he's asking his readers on how to partition the NTFS drive and install Linux alongside windows. I don't think he learned a lesson here. He's not the saintly school teacher who was unknowingly victimized by prosecutors as the media had initially reported.
    • by rs232 (849320) on Friday March 30 2007, @01:17PM (#18546647)
      'The administrator in question is enjoying this publicity and thumbing his nose at the authorities and Microsoft'

      Like how, he is protesting his innocence. He likes having the threat of a jail sentence hanging over his head? This is the second time a school teacher is facing jail time for using Windows. See here where a 7th grade [theregister.co.uk] teacher gets arrested when porn images pop up in the browser on a Win98 desktop. The expert prosecution witness says there is no way such images could have got on without user interaction. Something we all know is a big lie.

      The teachers union on both continents should have the schools sign a do not sue waiver before touching the computer. Or maybe the EULA should be updated .. use of the product can land you a hefty jail sentence.

      'there has been talk in Russian press that he was well aware that software was illegal on dozen of the machines but still decided to cut the costs and pocket the difference'

      Do you have any evidence for this wacky anecdote.

      'During a court trial he was asked to apologize and move on but he insisted of filing an appeal to "clear his name" and play a martyr of some sort. In sum, this guy is an asshole'

      What trial? the first case was thrown out. Also the original claim changed from piracy to illegally using the software. Even so the Judge saw fit not to proceed. Where does it say he was asked to apologize. Why would he appeal a non case. Where does it say he appealed.

      'If one were to put aside the bias towards Microsoft, it's clear that Panosov is being defiant, despite him being completely guilty'

      What are you smoking, toad juice? What bias? How does defending oneself in a court of law equate to being biased? I thought even in your country people are deemed innocent until proven guilty in a court of law. 'Your honour the defendant is obviously guilty as he has chosen to plead innocent' :)

      'I've checked his blog and he's asking his readers on how to partition the NTFS drive and install Linux alongside windows. I don't think he learned a lesson here. He's not the saintly school teacher who was unknowingly victimized by prosecutors as the media had initially reported'

      What blog? Do you mind providing a citation to this blog where it actually says that. How in the alternate Bizarro world that you occupy does installing Linux equate to being guilty in a case of software piracy.

      was Not the whole story... (Score:5, Interesting :) you have got to be taking the piss!!
    • If one were to put aside the bias towards Microsoft, it's clear that Panosov is being defiant, despite him being completely guilty.

      I don't think thats clear at all. According to the Wikipedia article about this [wikipedia.org], Cnews.ru is the one reporting that he and a friend did this to embezzle money. He has denied it.

      Without more evidence than journalistic hearsay, one cannot be sure.

    • ...run machines preloaded with pirated copies of Windows. There has been talk in Russian press that he was well aware that software was illegal on dozen of the machines but still decided to cut the costs and pocket the difference.

      How did he do this? I'm seriously asking the question because what you're implying is pretty unlikely. What HE claims is that he ordered 12 systems with 12 legal copies of Windows XP (I believe) preinstalled. He claims that the upstream vendor gave him bogus licenses. So I see 4 p
      • Defiance is cool. Robbery isn't.

              Actually I think that depends. Robbing a little old lady's pension cheque is very uncool. Robbing a first world government for the amount of $3 BN is way up on the coolness list...
  • by geoffrobinson (109879) on Friday March 30 2007, @11:13AM (#18544587) Homepage
    You never hear about 'Ninja' trials.
    • >There are only 10 kinds of people in this world. Those who understand binary and those who don't.

      What about the other 0x0E kinds? :)

      -Z
  • by swschrad (312009) on Friday March 30 2007, @11:47AM (#18545129) Homepage Journal
    microsoft says if you aren't going to BUY their software, it's sorta OK to warez it, because some day they'll jerk the rod and you'll have to buy it, being hooked.

    but they're sparing no international pressure to destroy this educator in russia.

    which lie should I believe? Bill? Monkeyboy? anybody???

    I quit the MS habit cold after millenium, and my Mac does everything worth doing.
  • take that... um... whoever is suing (according to wiki, it's not MS)
    • I translate his Russian site and I get: "Where are your nuclear Wessles?"
      That's funny, I got "First we pirate Windows operating system, then we keel moose and squirrel".
    • I translate his Russian site and I get: "Where are your nuclear Wessles?"

      Yeah, at the time the film came out, it was a funny joke and it's still funny, it's just not accurate. For those who don't know, the "w" sound doesn't exist in Russian at all. They would certainly say "vessels" if speaking English. "W" is most often transliterated as "v" into Russian, but they can sort of approximate the sound with something equivalent to the use of "ui" to replace "w". So I hate to burst your bubble, but this is
    • Okay, I'll bite...

      How in the world do you see this obviously 1-sided court case creating more pirates?

      Russia thought it was stupid
      Russia dismisses case
      Outside pressure forces case to re-open without legal cause ...

      How can this possibly end well? If he's acquitted AGAIN the outside pressures will simply increase until he's found guilty, whether he actually did it or not. Not a conducive environment to breed pirates in.
    • Don't talk to me about double jeopardy. Both in PA and NY state and I guess many other states, it doesn't mean anything in traffic courts, soon it won't mean anything anywhere (DMCA & copyright being an example)