July 21, 2009 at 11:36Public Works for Pirates
Thoughts aloud about how software companies can make the fight against piracy more “humane” without sacrificing their principles and interests.
I was told this by Adobe employees involved in counteracting piracy, and asked to offer this topic for discussion on Habré - they are really interested to know your opinion about their initiative. Before you plus or minus - think about the fact that I'm a storyteller =)
It's no secret to anyone how software companies relate to those who use or distribute unlicensed software. Moreover, they don’t like it when professionals use software that makes money with the help of pirated software (which is very important for Adobe software). And certainly they are not ready to put up with those whose business is in the sale of pirated software.
But on a regular basis, they encounter situations where, on installing unlicensed Adobe programs, they come across, for example, students who work as “computer ambulances”: they help set up a computer, solve problems with viruses, or install programs necessary for work, among which there is a “pirate”. From the point of view of the law, these people are guilty.
Adobe as the “injured party” also has a voice in deciding whether to punish them. More precisely, this is decided by the court, but the company can offer a settlement agreement on the civil part of the lawsuit. People work there for whom piracy is primarily a business problem, and in general alien to some kind of special revenge or cruelty. At the same time, it is clear that in their situation it would not be right to simply turn a blind eye to the detected cases of piracy. Accordingly, a problem arose: what to do with such “villains”? Should they be punished within the framework of a common system?
Among friends of the Adobe company there is a fund “Give life” Chulpan Khamatova. The Foundation is helping children in need of treatment, and it helps them in two main ways - money and the labor of volunteers. One of the problems of the foundation is that volunteers usually have the main job and there are not many among them who can offer their help in the afternoon.
You have probably already guessed what the idea is: Adobe offers certain categories of piracy defendants the opportunity to replace the recovery in a civil action with “community service” as a volunteer of the Give Life fund. The choice of a charitable foundation as a front for the work of convicts was dictated not so much by the desire to help the fund, as by the desire to give the guilty people the opportunity to do something good and useful, and not just work out the punishment assigned to them. In turn, this fact is taken into account by the court when sentencing in a criminal case and gives grounds to reduce the term of conditional imprisonment or to do just fine.
In February, for the first time, a software installer, sentenced by a court to a year of imprisonment on probation and a fine of 2,500 rubles, was offered an amicable agreement as part of this initiative. Under the terms of the agreement, he paid a small part of the cost of the software, the rights to which were violated by him and was obliged to work out 41.5 hours in the fund.
He worked them out for a month in March-April of this year, carrying out various tasks (he transported medicines and medical equipment, took documents for wards of the foundation, helped with unloading furniture for sick children, etc.), and as a result received the most positive characteristics from the fund.
Adobe had various doubts about what would come of this venture. The first experience is quite inspiring, and now 3 more people should be included in this program, however, the company will still be happy to hear what others think in this regard.
PS
I will immediately give answers to several obvious questions (those that arose myself):
1. No, this is not the only way Adobe helps the fund (both as a company and as its individual employees).
2. This program is offered as an option, and the accused have the opportunity to choose between paying the full amount of compensation in a civil lawsuit and community service in the fund.
3. A small portion of the compensation remains included in the agreement due to some legal features of how it works in Russia. Adobe would have preferred a full replacement for compensation in the fund.
4. This program is not open to all categories of “pirates”: disk dealers and companies using unlicensed software in their work do not fall under it.
5. The fund (which is primarily interested in this) is responsible for ensuring that the convicted person actually works the required hours. Accounting is carried out very carefully and very friendly with respect to the “voluntary volunteer” itself: like with all other volunteers, the total time spent on a given assignment is taken into account, taking into account the road from home to place.
In general, any questions and comments are welcome!
moved here from "I'm smart" on the advice of DileSoft
I was told this by Adobe employees involved in counteracting piracy, and asked to offer this topic for discussion on Habré - they are really interested to know your opinion about their initiative. Before you plus or minus - think about the fact that I'm a storyteller =)
It's no secret to anyone how software companies relate to those who use or distribute unlicensed software. Moreover, they don’t like it when professionals use software that makes money with the help of pirated software (which is very important for Adobe software). And certainly they are not ready to put up with those whose business is in the sale of pirated software.
But on a regular basis, they encounter situations where, on installing unlicensed Adobe programs, they come across, for example, students who work as “computer ambulances”: they help set up a computer, solve problems with viruses, or install programs necessary for work, among which there is a “pirate”. From the point of view of the law, these people are guilty.
Adobe as the “injured party” also has a voice in deciding whether to punish them. More precisely, this is decided by the court, but the company can offer a settlement agreement on the civil part of the lawsuit. People work there for whom piracy is primarily a business problem, and in general alien to some kind of special revenge or cruelty. At the same time, it is clear that in their situation it would not be right to simply turn a blind eye to the detected cases of piracy. Accordingly, a problem arose: what to do with such “villains”? Should they be punished within the framework of a common system?
Among friends of the Adobe company there is a fund “Give life” Chulpan Khamatova. The Foundation is helping children in need of treatment, and it helps them in two main ways - money and the labor of volunteers. One of the problems of the foundation is that volunteers usually have the main job and there are not many among them who can offer their help in the afternoon.
You have probably already guessed what the idea is: Adobe offers certain categories of piracy defendants the opportunity to replace the recovery in a civil action with “community service” as a volunteer of the Give Life fund. The choice of a charitable foundation as a front for the work of convicts was dictated not so much by the desire to help the fund, as by the desire to give the guilty people the opportunity to do something good and useful, and not just work out the punishment assigned to them. In turn, this fact is taken into account by the court when sentencing in a criminal case and gives grounds to reduce the term of conditional imprisonment or to do just fine.
In February, for the first time, a software installer, sentenced by a court to a year of imprisonment on probation and a fine of 2,500 rubles, was offered an amicable agreement as part of this initiative. Under the terms of the agreement, he paid a small part of the cost of the software, the rights to which were violated by him and was obliged to work out 41.5 hours in the fund.
He worked them out for a month in March-April of this year, carrying out various tasks (he transported medicines and medical equipment, took documents for wards of the foundation, helped with unloading furniture for sick children, etc.), and as a result received the most positive characteristics from the fund.
Adobe had various doubts about what would come of this venture. The first experience is quite inspiring, and now 3 more people should be included in this program, however, the company will still be happy to hear what others think in this regard.
PS
I will immediately give answers to several obvious questions (those that arose myself):
1. No, this is not the only way Adobe helps the fund (both as a company and as its individual employees).
2. This program is offered as an option, and the accused have the opportunity to choose between paying the full amount of compensation in a civil lawsuit and community service in the fund.
3. A small portion of the compensation remains included in the agreement due to some legal features of how it works in Russia. Adobe would have preferred a full replacement for compensation in the fund.
4. This program is not open to all categories of “pirates”: disk dealers and companies using unlicensed software in their work do not fall under it.
5. The fund (which is primarily interested in this) is responsible for ensuring that the convicted person actually works the required hours. Accounting is carried out very carefully and very friendly with respect to the “voluntary volunteer” itself: like with all other volunteers, the total time spent on a given assignment is taken into account, taking into account the road from home to place.
In general, any questions and comments are welcome!
moved here from "I'm smart" on the advice of DileSoft