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Posted by Steven Bink February 16, 2007 7:48 PM with 4 comment(s)
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A Russian judge convicted a provincial school headmaster on Thursday for using pirated Microsoft software in school computers, but declined to impose any penalty, saying that Microsoft’s loss was insignificant compared with its overall earnings.

The case has been closely watched as a test of how Russia will enforce intellectual property rights as it moves closer to membership in the World Trade Organization. The verdict was broadcast on Russian state television.

Vera Barakina, a judge in a regional court in Vereshagino, about 650 miles east of Moscow, ruled that the principal was guilty of installing Windows operating systems and software suites on 12 computers used by his students, and that this had cost Microsoft about $9,700.

But then, reading from a prepared statement, Ms. Barakina called this sum “insignificant” compared with Microsoft’s worldwide income.

The principal, Aleksandr M. Ponosov, who could have been sentenced to five years in prison, celebrated by uncorking a bottle of Champagne outside the courthouse.

Mr. Ponosov’s case resonated widely here, touching on the capriciousness of the criminal justice system, something that Russians understand all too well. With Mr. Ponosov, prosecutors plucked one user of pirated software from among millions and threatened a five-year sentence.

The prosecutor, Aleksandr V. Troyanov, said in a telephone interview Thursday that he would appeal the verdict. He criticized the judge’s logic, saying that the damage relative to Microsoft’s earnings had no bearing on the case.

Continue At Sourcen (thanks zac for tip)
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Source: www.nytimes.com

Comments

 

SpyCatcher said:

I agree with the ruling... MS should offer to sell 12 OS licensees to the school for $10 over cost. This creates a win-win for all the parties.
February 16, 2007 8:55 PM
 

Zac B said:

That wasn't the ruling though SpyCatcher. They blew it off which sends a bad message in an already bad situation. Althought it was a special situation no one will see it that way. Teachers and regular citizens alike are probably thinking, if he can do it and get away with it than so can we. It would be an even worse situation if MS said anything other than they were leaving it to the country courts to handle.
February 17, 2007 6:20 AM
 

Andrewft65 said:

Why does anyone think that a Russian school teacher, in a Russian court would be convicted of a capitalist crime against a US company.

For all the piracy going on in the old soviet countries, (Eastern Europe) they chose to procecute a school teacher for installing dubious Microsoft software on a dozen (probably clapped out) PC's.

Russia is still an oligarchy, probably more so than ever! There is still no love lost between the two systems. I'd have been less surprised if he had been sent to a gulag for considering installing an American product.

The reason a teacher was procecuted, was purly political, to show two finger to the US. The shame is, it didn't get more publicity.
I think both sides deserver to loose (Russia and Microsoft) - Oligarchs both!

Microsoft and the US government should be please that their software will eventually bring a free market to the (old) enemy.
February 17, 2007 3:20 PM

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