Re: OT: New Photo of Creators

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

It seems to be the most important point of this. 

> Russian law is not somewhat the same?

Russian law is the same. The accused person isn't guilty without 
investigation and a trial attempts to figure that out.  


> 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?  

You are right and maybe Gorbachev and that Russian billionaire think 
so... But they could just buy legal soft to break charges against the 
teacher. 

I hope that the teacher will be free, because there are many clever 
defenders in Russia.

Thank you for article about the U.S. laws.

Regards,
Valery


--- In [email protected], Bob Gee <osiyo53@...> wrote:
>
> 
> --- valery_vi <shehrer1@...> 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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