Re: Re: OT: New Photo of Creators

--- valery_vi <[email protected]> wrote:

> Current sad state of affairs:
>
http://blog.seattlepi.nwsource.com/microsoft/archives/111192.asp
> 
> I'm sorry for OT.
> 
> Regards,
> Valery
> 

Valery, I'm sure that teacher is a nice guy and all
that stuff.  I applaud his intentions.

But what I find really interesting is that the very
first information source you gave stated quite clearly
at the bottom of the article that Alexander Strah,
Microsoft's legal advisor for Russian affairs, said
that Microsoft had no intention of filing criminal or
civil charges against the teacher.

And at the bottom of the article you link to in this
post I'm responding to, there is a quote from
Microsoft that they have no intention of persuing
civil charges against the teacher ... and stating that
they have nothing to do with the criminal charges.  As
those were filed and persued by a RUSSIAN public
prosecutors office ... not Microsoft.

But Gorbachev and that Russian billionaire ... sent
letters to Bill Gates?

Egad !!! The only conclusion I can come to is that
Gorbachev and that Russian billionaire must have no
clue whatsoever how the Russian legal system works. 
And must not read ALL of the words in news articles.

I've no clue, as far as understanding the Russian
legal system.

In the U.S., typically a prosecutor might well file
charges if he thinks there was a crime committed, and
that a certain person PROBABLY was the one who
committed the crime.   Then there would be a period of
investigation where evidence was gathered, and then
reviewed, to determine if there was enough facts to go
on to continue the case.  These gathered facts would
be presented to a judge in a preliminary hearing. 
Judge would look at them and try to decide if he
agreed that (1) a crime was committed and that (2) the
accused person was -PROBABLY- the one who committed
the alleged crime.  If he strongly disagrees with
either of those issues, he can simply tell the
prosecutor to go away, get a life, to either drop the
case or come back with better facts, etc.

AFTER all of that, if there is enough evidence to
convince that preliminary judge that a crime was
"probably" committed, and that there is "REASONABLE
belief" that the accused was the one who might have
committed it, case gets scheduled for a trial.

At the real trial is where prosecutor and defender
present their case and their evidences to a judge or
jury. Accused can decide if he or she wants only a
judge to make the decision, or if he or she wants a
jury trial.  If a jury trial, judge is just there to
make decisions about whether or not conduct of the
trial, things said and claimed, and evidences
presented are proper and allowable or not under law. 
Jury makes decision about guilt or not.  Not the
judge, nor the prosecutor.  Judge's only further role
is that if jury decides accused is guilty, judge then
determines what he or she thinks is a suitable
penalty.  And that's limited.  In each state there are
guidelines and rules about what are reasonable
penalties for each class of crime.  Judge CAN ignore
those, but if he does, accused person can then appeal
and ask for another trial or review by higher court.

I mention all this only to let you know my thinking. 
Since I only know the U.S. system, and have no clue
about the Russian system.

But in my thinking, teacher is accused ... but that
doesn't mean he's guilty.  Further investigation and
maybe a trial attempts to figure that out.  In the
U.S. IF it is shown teacher had no idea those
computers contained pirated software, charges against
him would be dropped.  Case would continue, but
prosecutor would be sending cops after whoever sold
the computers to the teacher.

If it was shown teacher knew the software was pirated.
 He'd be found guilty.  By judge, or jury.  After all,
in this case he would be guilty of breaking the law. 
Doesn't really make any difference WHY he did it, he
would still be guilty. BUT ... almost certainly judge
and jury would be sympathetic and lenient, and teacher
would likely receive a minimal penalty.  IF it was
demonstrated he acted with best intentions and did not
intend to profit personally.

Russian law is not somewhat the same?

In any event, why doesn't Gorbachev or that
billionaire ... if they're REALLY sympathetic ... just
hire a good defense lawyer for the teacher?  Then
maybe buy some legal copies of software for those
students?

What use is a letter to Gates?  Is the Russian system
such that just because someone is famous and rich that
such a person can give orders to prosecutors and
judges and tell them not to do what they believe to be
their duties to enforce the law properly and fairly
against whoever might break it?  And, as concerns
Microsoft itself, IIRC it's a corporation.  Which
means the board of directors has the last say, not
Gates.  Sure, he's got a lot of influence with the
board.  But they can, and have, overruled him in the
past.

Just my thoughts.




 
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