Case Studies of Selective Anti-Piracy Investigations in Russia

Organization Date of Contact Software at Issue Type of Contact and Resulting Charges Contact With MS/ Role of MS Rep Impact on Organization Final Disposition
Baikal Environmental Wave, Irkutsk (environmental NGO) 1.28.2010
  • Microsoft (“MS”)
  • Police raid without warrant; all computers of organization seized
  • Staff charged with obstructing justice for attempting to stop seizure
  • Leaders sent letters to MS-US and MS-RU
  • MS-US referred leaders to MS-RU
  • Leaders contacted head MS-RU intellectual property attorney, Alexander Strakh, and provided proof of licenses for software
  • MS-RU stated it would rely on RU government investigation to see if laws were violated
  • Approximately five months after the raid, the investigating officer asked a local Microsoft representative who was new to the region of Irkutsk if Microsoft had a claim against BEW and he answered that the company had no claim against BEW. (We have not been able to confirm any further contact between MS-RU and the government, as reported in 12-5-2010 New York Times.)
  • Lost access to computers for approx 6 months (until 7.2010)
  • 1 returned computer was disabled by viruses and 1 returned computer would not turn on; BEW suspects data was copied
  • Years’ worth of files were inaccessible for approx 6 months and website was disabled
  • Police visited homes of former employees at all hours and discussed private lives of BEW leaders and employees
  • Authorities publicly disparaged BEW and its leaders
  • Approx 5 months after raid, MS-RU rep informed authorities that MS had no claim against BEW or its staff
ETHnICS, Krasnodar (youth group to promote tolerance, NGO) 10.12.2009,

1.11.2010

  • MS
  • Corel
  • Police raid of private space rented by President Anastasia Denisova under assumption that space was ETHnICS office; warrant listed different address altogether; 3 computers confiscated
  • Police raid of Denisova’s home; seized boyfriend’s laptop, flash drive and external hard-drive
  • Criminal charges against Denisova for illegal use, storage, and transportation of pirated software even though the seized computers belonged neither to Denisova nor to ETHnICS
  • MS-RU rep reportedly confirmed inflated damages estimates
  • MS-RU rep reportedly participated in closed-court hearings for which he was not summoned and assisted prosecution
  • In response to inquiry by human rights orgs to MS-US and MS-RU, Strakh wrote letters to human rights orgs saying MS was aware of alleged targeting of civil society and was looking into situation but maintained that MS-RU reps act according to Russian law and denied that MS-RU reps instigated case
  • Human rights orgs reportedly met with Strakh
  • Journalists reportedly tried to reach MS-RU rep but received no response
  • Lost access to computers for approx 10 months until 7.2010
  • Organization is still legal entity but no longer functions
  • Denisova was forced to flee Krasnodar for approx 3 months due to personal safety concerns
  • Denisova could not travel once criminal charges were brought
  • Staff left the organization
  • Denisova currently works for SOVA Center for Information and Analysis and collaborates with Youth Human Rights Movement, but continues to be targeted and is concerned about her ability to work in Krasnodar in the future
  • Criminal charges were dropped in April 2010 due to lack of evidence (approx 7 months after raid of office)
Samarskaya Gazeta, Samara (newspaper) 2.2009
  • MS
  • Police raid; nine computers confiscated
  • Editor reportedly contacted MS-RU but MS-RU took no action
  • Editor has had difficulty finding work
  • N/A
Moscow Islamic University, Moscow (academic institution) 10.8.2008
  • N/A
  • Police search publishing office of University; 4 computers and 50 CDs of computer data seized
  • Some confiscated material produced to Prosecutor’s office as evidence against head of Publishing Department, Aslambek Ezhayev
  • Criminal charges against Ezhayev for improper use of copyrighted items and harmful software brought in 3.2009
  • N/A
  • N/A
  • Ezhayev found guilty of copyright violations and use of harmful software by district court in Moscow and fined 50,000 rubles (approx. $1600 USD) in 7.2009
Minuty Veka, St. Petersburg (weekly newspaper) 2.2008
  • MS
  • Police raid of newspaper and publishing house offices; all 6 computers seized from newsroom
  • When questioned by the Committee to Protect Journalists, MS-US said they were “looking into whether the paper had licenses for its software” but did not stop investigation
  • Publication of newspaper interrupted
  • N/A
Tolyattinskoye Obozreniya, Samara (newspaper) 2.1.2008
  • MS
  • Police seized all 20 computers on charges of pirated software
  • N/A
  • N/A
  • N/A
Tolerance Support Foundation, Nizhny Novgorod (NGO) 8.29.2007,

10.6.2007,

3.20.2008

  • N/A
  • 8.29.2007: Police raid offices, all computers seized
  • 10.2.2007: Criminal investigation against Director and Consultant opened
  • 10.6.2007: Police search for pirated software, CDs seized and Consultant detained
  • 3.20.2008: Police raid, all computers seized, office sealed, cell phone confiscated
  • N/A
  • Director and Consultant had to seek assistance of human rights organizations
  • Following 8.29.2007 raid, organization unable to continue work until it purchased replacement computers 10 days later at significant cost
  • N/A
GOLOS, Samara (voter’s rights NGO) 5.2007
  • Unknown (some reports say Director Lyudmila Kuzmina used unlicensed software; others say charges were unfounded)
  • Multiple police searches of offices; computers seized and premises sealed
  • Criminal investigation; Kuzmina charged with violation of intellectual property laws
  • Kuzmina questioned extensively and forced to undergo psychiatric exam and drug testing
  • Search of Kuzmina’s home on suspicion of “terrorist activities”
  • N/A
  • Election monitoring activities suspended until after federal election in 2008
  • Kuzmina could not leave Samara
  • Kuzmina successfully sued authorities for the invasive investigation and recovered 20,000 rubles (approx $845 USD) in 6.2008
  • Charges dropped in 3.2008, just after elections (approx 10 months after raid)
Volgainform, Samara (online news publication; local affiliate of Regnum News Agency) 5.11.2007
  • MS
  • Police raid; Computers seized; back-dated warrant produced later
  • Criminal charges against Editor Liudmila Kotova
  • Damages assessed 52,000 rubles (approx $2,010 USD)
  • Investigation opened against Volgainform 10.2007
  • N/A
  • Lost access to office computers until 4.2008 (approx 11 months); used personal computers
  • Reduced coverage from 17 to 5 regions
  • Staff questioned; staff, family and friends received threats; staff went from 29 to 3
  • Credibility damaged; newspaper struggles to survive and may close
  • Kotova successfully sued authorities for pain and suffering and recovered 10,000 rubles (approx $425 USD) in 2008
  • Charges against Kotova dropped for lack of evidence in 8.2007
  • Civil society reps think investigation against Volgainform may still be pending; no one has been charged
Novaya Gazeta, Samara

(newspaper)

5.11.2007,

11.2007

  • MS
  • Adobe
  • 1C (Russian software)
  • Police raid, office searched twice; Computers seized
  • Editor Sergey Kurt-Adzhiyev arrested, detained and charged criminally
  • District court imposed fine on Kurt-Adzhiyev of 15,000 rubles (approx $580 USD)
  • MS-RU rep has been accused of playing a role in initial complaint and damages assessment
  • MS-RU rep reportedly testified at trial of Kurt-Adzhiyev that software was pirated and assisted prosecution
  • Lost access to office and personal computers and Kurt-Adzhiyev left
  • Spent time and resources defending against charges
  • Local office forced to close after 11.2007 raid
  • Staff were searched and monitored by authorities
  • Criminal charges eventually dropped or suspended

*These materials were prepared based on interviews with civil society and publicly available information.  Where these source materials are incomplete or inconsistent, we have attempted to provide enough information to enable the reader to evaluate the information accordingly.  We provide this information to illustrate a pattern of abuse of laws targeting civil society and independent media in Russia and to show the human rights impact of such abuse.