HardOCP News
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It would seem that the former leader of the Soviet Union is asking Bill Gates to intervene in a software piracy case against a teacher in Russia.
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Gorbachev Begs Gates For Mercy
- Thread starter HardOCP News
- Start date
If they do not punish him, wont that set a bad example. Do not pirate software unless it is for education? Wouldn't more people pirate if they are allowed to get away with it? But then again if they send the teacher to prison, then some Russians might stop buying Microsoft products....
Their law is different from ours, but yes- genuine ignorance can pardon the crime. In our juries, part of the job of the prosecution is to prove intent- you have to be aware of the law in order to have intent to break it.
That's what I'm thinking.
The article also states that the school was using computers with pirated software on them. It does not say the teacher pirated them. I mean honestly, how much do people think a headmaster knows about the computers at the school?
QFT.... you know this makes me think... in our modern society, you would think that there should be mandatory testing of our comon laws for each person. You should be required to pass it before you can graduate high school. Yeah, that makes a little too much sense, forget it lol
They don't have to necesarily fully pardon him. Gates can halt the charge for say 6 months to give them a chance to pay licensing fees for all unlicensed products. This way, the man does not go to jail, they get licensed products, and microsoft gets their money. Everyone wins.
It'd help if people who are discussing this knew the facts --- the principal of the school (he's not just a simple teacher) received computers with all the software already installed from a vendor. Neither he nor anyone at the school purchased pirates CDs and installed cracked software.
You can only blame him for not making sure the software is legit. However, even if you're familiar with PCs (unlike the principal), how many of you actually bother to verify legitimacy of all the software on your newly-bought PC? Especially, if you get a couple of dozen of PCs for a computer lab. And we all know that pirates fake licence documentation too.
Lastly, it's not even a definite conclusion that the software is pirated.
You can only blame him for not making sure the software is legit. However, even if you're familiar with PCs (unlike the principal), how many of you actually bother to verify legitimacy of all the software on your newly-bought PC? Especially, if you get a couple of dozen of PCs for a computer lab. And we all know that pirates fake licence documentation too.
Lastly, it's not even a definite conclusion that the software is pirated.
xX_Jack_Carver_Xx
2[H]4U
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If Gorby asked me a favor, I think I'd comply. The guy did give the world a break and peacefully transition to ending the cold war. Is that request really such a big deal?
How about MSoft DONATES the Pirated software for educational purposes and lets the teacher off the hook.
I dont want anything to be such a big deal that Putin simply says FK it to patent/copyright treaty obligations because the corporate interests get overly aggressive in enforcement.
Dont go handing Putin something to bash the west over, and bolster his domestic ratings. There's enogh of that already without seeking more.
How about MSoft DONATES the Pirated software for educational purposes and lets the teacher off the hook.
I dont want anything to be such a big deal that Putin simply says FK it to patent/copyright treaty obligations because the corporate interests get overly aggressive in enforcement.
Dont go handing Putin something to bash the west over, and bolster his domestic ratings. There's enogh of that already without seeking more.
EULAs are legally binding contracts. That's why they exist, so if it is broken, the person who broke it can be tried in a court of law in which the law was written for. Look it up
Well said. The guy's a hero IMHO
swatbat
[H]F Junkie
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Got a link with more info on this?
Anyway going after a school is just asking for it. Do they have a right to? Yes. Should they really try to turn another cheak on this? Yea I think they should. With Gorbachev steping in all it will end up being is bad press.
{NcsO}ReichstaG
[H]ard|Gawd
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The teacher probably didn't even know what he was BUYING. He wanted the best for his students, and bought some Vista disk that turned out to be pirated. Now, millions of people pirate in Russia BUT he is going to be the scapegoat. Blame everything on this one poor guy.
And look at China, it's a member of the WTO, and piracy is quite abundant there. What is Microsoft doing? Nothing...really What can Micrsoft do?
Nemesis999
2[H]4U
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You don't have to intend to break arson laws, you have to intend to start a fire.
You don't have to intend to break murder laws, you have to intend to kill someone.
You don't have to intend to break piracy laws, you have to intend to pirate software.
You don't have to intend to break <insert law>, you have to intend to <perform action>.
Ignorance to the law is never a valid excuse.
On the other hand, there's no reason to trust the Russian legal system anyways. Gates probably bought the judge to prove a point.
{NcsO}ReichstaG
[H]ard|Gawd
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The teacher probably didn't even know what he was BUYING. He wanted the best for his students, and bought some Vista disk that turned out to be pirated. Now, millions of people pirate in Russia BUT he is going to be the scapegoat. Blame everything on this one poor guy.
And look at China, it's a member of the WTO, and piracy is quite abundant there. What is Microsoft doing? Nothing...really What can Micrsoft do?
It would be great if Putin stood up and "invalidated" the suit? What can the damn BSA and Microsoft do then except try and prevent Russia's entry into the WTO?
meanmodda[H]
Gawd
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Yes, that way he'd only have to worry about expensive training and support
Lol. Ain't that the truth.
In other news...
"Local underpriviliged teacher rather faces Siberian prison camp then install Linux."
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Altho the pirated software was for education, it was still a crime.. Regardless of how stupid you are, if you using something you didnt pay for is illegal and you know it.. But now the gig is up, and you want mercy? What if MS was taking money from that school and donating it to college students, wouldnt the school be pissed..
The days for second chances are over, one fuckup and your screwed pretty much for life now a days unless your extremely lucky..
Pay your dues like the rest of the world, and take it like a man, not a bitch..
The days for second chances are over, one fuckup and your screwed pretty much for life now a days unless your extremely lucky..
Pay your dues like the rest of the world, and take it like a man, not a bitch..
{NcsO}ReichstaG
[H]ard|Gawd
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This guy screwed up because he didn't KNOW. He bought some Vistas that were pirated, he is a headmaster (or w.e)...he probably can't tell the difference. And look at all the pirating that is going in Russia, China, and Latin America. This school teacher is just a scapegoat.
And even if he is put to jail, what good will come overall? Will others stop pirating because they will become suddnely so scarred? No. They will just hurt one guy who probably did not intend to commit a crime.
And btw, "Pay your dues like the rest of the world"... the rest of the world pirates. And why aren't such aggressive steps being taken in China?
Im not sure how the education system is run in Germany, but if its run anything like here in Canada, the headmaster would know very little about what was on the computers. The board of education, here, accepts bids from companies who wish to provide a school, or a number of schools with computers. The board then decides which company to use, and what software to put on the machines. The Headmaster has very little say, other then informing the board of the need for computers and software.
I think we are more structured over here then they are over there in terms of educational hierarchy.
Not from what I have been able to gather, not in the slightest.
xX_Jack_Carver_Xx
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Agreed on Gorby, we all owe him a debt of gratitude, he is a great man.
On this matter, understand in contract law there is a concept known as the "bonafide error defense". Since the Principal in good faith contracted with a supplier to supply legal quality machinery, he did everything in his power to assure he followed all laws.
MSoft as usual, is aiming at the WRONG TARGET (what else is knew, typical bunch of simps) and should be asking for the schools cooperation in tracking down the ACTUAL perpetrator... who is likely out selling MANY MORE illegal copies of the OS on additional systems to other customers.
So m(ega)SOFT(inthehead) prosecutes the wrong party, and lets the real party who is busy ripping them off on a continuing basis go scott free.
The case in court against the Principal will NOT succeed, and all MSoft will have done is alienate (prospective) customers in Russia/etc all the while NOT stopping the pirate who continues to spread illegal copies... geometric progression
The case will not survive a Motion to Dismiss, failure to state a claim upon which relief may be granted, the defendant is not the party at fault. God help a MSoft lawyer trying to persue this same set of facts in a US court.... can you say SANCTIONS.
At this point I think that MSoft would fit right in at the CIA.
On this matter, understand in contract law there is a concept known as the "bonafide error defense". Since the Principal in good faith contracted with a supplier to supply legal quality machinery, he did everything in his power to assure he followed all laws.
MSoft as usual, is aiming at the WRONG TARGET (what else is knew, typical bunch of simps) and should be asking for the schools cooperation in tracking down the ACTUAL perpetrator... who is likely out selling MANY MORE illegal copies of the OS on additional systems to other customers.
So m(ega)SOFT(inthehead) prosecutes the wrong party, and lets the real party who is busy ripping them off on a continuing basis go scott free.
The case in court against the Principal will NOT succeed, and all MSoft will have done is alienate (prospective) customers in Russia/etc all the while NOT stopping the pirate who continues to spread illegal copies... geometric progression
The case will not survive a Motion to Dismiss, failure to state a claim upon which relief may be granted, the defendant is not the party at fault. God help a MSoft lawyer trying to persue this same set of facts in a US court.... can you say SANCTIONS.
At this point I think that MSoft would fit right in at the CIA.