Russian Principal: Case Dismissed
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Today, a Russian judge dismissed the Microsoft piracy case against school principal Alexander Ponosov. |
A verdict had been expected today in the prosecution that started on Jan. 9. The piracy case drew national headlines following a personal plea from former Soviet leader Mikhail Gorbachev to Microsoft Chairman Bill Gates for mercy in the case. Ponosov is principal of the secondary school in the village of Sepych.
Russia's CNews reported that Judge Elvira Mosheva dismissed the case because "Microsoft's financial damage is too insignificant for a criminal investigation."
During a Monday hearing, the judge questioned whether the prosecution had provided convincing evidence against Ponosov, according to CNews. Prosecutors had accused Ponosov of installing pirated Microsoft software on PCs he purchased for his school. Ponosov insisted that the software was on the computers already.
Last week, Microsoft executive Olga Dergunova defended the reseller that provided the computers.
A technical expert had testified that Ponosov purchased the computers in August 2005, but the pirated software--versions of Windows and Office--wasn't installed until April 2006.
Ponosov maintained his innocence throughout the court proceeding. Possibly bowing to public pressure, Microsoft offered a "peace agreement," which Ponosov, asserting his innocence, refused to accept, according to CNews.
Yesterday, the prosecution changed the core of its case against Ponosov. Rather than installing counterfeit software, prosecutors claimed that he illegally used the software for a week after an investigation uncovered piracy. Prosecutors asked Mosheva to find the school principal 3,000 rubles, or about $115 U.S. Earlier, the value of the software had been assessed at 266,000 rubles, or about $10,000 U.S.
Prosecutors have 10 days to file an appeal, and CNews reported that the accused may file his own appeal. The judge's ruling didn't specifically absolve Ponosov of guilt, but rather simply of not inflicting enough harm on Microsoft for the case to proceed.
Related:
- Microsoft Speaks Out on Russian Piracy Prosecution, Microsoft Watch, Feb. 8, 2007
- It's the Gulag or Linux for Some Russian Schools, Microsoft Watch, Feb. 7, 2007
- Sentenced to the Intellectual Property Gulag, eWEEK, Feb. 7, 2007
- From Russia With
PiracyLove, Microsoft Watch, Feb. 6, 2007
Comments (12)
Never a good sign when the prosecution changes it's stance on the last minute. They never had the proof in the first place and just expected this guy to buckle.
Posted by William | February 15, 2007 3:52 PM
I'm all for having this case dismissed and the school principal go free, but saying "Microsoft's financial damage is too insignificant" is doing it for the wrong reasons.
If it was anybody else...where do you draw the line that establishes whether financial damage is significant or not?
Honest question: is this sort of thinking a precedent, or does russian justice always work along those lines?
Posted by Anony Mouse | February 15, 2007 6:03 PM
This piece is what Microsoft Watch SHOULD be doing instead of the mindless "Bashing" it USUALLY does.
Too bad this is NOT the usual thing for Microsoft Bash ... oh! sorry should that be "Micosoft Watch" ?
Posted by Neil | February 15, 2007 7:06 PM
I'm incredibly surprised he was prosecuted at all. Microsoft Russia wanted someone to make an example of, and picked this poor guy.
I lived in Moscow for most of 2005 and 2006 and you can buy pirate software in kiosks in major metro stations and the Gorbushka electronics market has to be seen to be believed.
The Russians have much more important things to worry about than where Ballmer's next paycheck is coming from.
Posted by El Casey | February 16, 2007 1:31 AM
Maybe i am the only one to point tis out, but isnt this a great example of why people should use free/oss software? i mean if the guy had installed openoffice he would have had the same features to teach the kids and he would not have been violating the law...
people have to learn one way or the other that piracy is wrong and there are alternatives, free alternatives out there...
Posted by jah shaka | February 16, 2007 1:49 AM
The Russian currency is the "ruble". D'Oh!
Posted by Barny Rubble | February 16, 2007 7:46 AM
Well, it is obvious that Microsoft needs to give that school computers and software. The children have it tough enough.
Posted by Jerry Lyles | February 16, 2007 8:09 AM
Poor 0le Microsoft - they have it too hard now. Use ta' be they could just jack up prices and send the BSA jackboot thugs after anyone with impunity - what's the poor victim to do but pay the "protection fee"? But now, if they push too hard, the client (or is that pirate, or criminal, or perhaps VICTIM!!) will jump to equally good (and arguably better) open source options. Well gosh - what's a poor struggling monopolist to do?? Don't you just long for the good ole days when a simple bribe to the right government official would make sure that all those problems go away? Oops - forgot; that's just in the United States.
Posted by Gill Bates | February 16, 2007 1:01 PM
Poor 0le Microsoft - they have it too hard now. Use ta' be they could just jack up prices and send the BSA jackboot thugs after anyone with impunity - what's the poor victim to do but pay the "protection fee"? But now, if they push too hard, the client (or is that pirate, or criminal, or perhaps VICTIM!!) will jump to equally good (and arguably better) open source options. Well gosh - what's a poor struggling monopolist to do?? Don't you just long for the good ole days when a simple bribe to the right government official would make sure that all those problems go away? Oops - forgot; that's just in the United States.
Posted by Gill Bates | February 16, 2007 1:02 PM
According to Russian media, Microsoft didn’t initiate the case. It was the initiative of the local prosecutor’s office. For whatever reason they wanted to make a staple case out of it. But important note: Russian jurisprudence IS NOT a precedent-based (like in US), so it was rather for political purposes.
As for details of this article, I didn’t hear anything about computers being purchased in 2005, and that the software was installed later. However it looks like gibberish, for why would you want to reinstall OS if you already have XP there?
The good thing about all this, that the issue got national attention, and it will force bureocrats into considering OpenSource alternatives. There’s already huge grassroots effort started, where Linux users offer principals free consulting and help install Linux for their local schools.
Posted by theUg | February 16, 2007 2:48 PM
Interesting that they value the software at $10,000. For schools MS has a very steep educational discount (90% or more.) I'm guessing they are using full retail value of the software instead of what the school would have had to purchase it for.
Posted by Neil | February 16, 2007 3:12 PM
This is how the justice system is supposed to work. It is a joke that m$ prosecuted him for $115, while paying 1000s of times that amount to their lawyers. Perhaps they wanted to make an 'example' of them. Thats how US corporations ( run by rich people) think - the slave driving culture is alive and well.
It is ironic that we will lock up teenagers for stealing a T-shirt ( and drive them to a life of crime) but the congress and the capitol are stealing TRILLIONS of $$ from the taxpayer and no one is even investigating them. If occasionally one (politician) is caught in the jar, his stock reply is, "I am doing nothing illegal". Sure, they change the law to suit their corrupt and decrepit ways.
I think that the judge should fine m$ for wasting the people's tax money and the court's time on such frivolous matters.
Posted by vm | February 17, 2007 9:20 AM