Microsoft, the Police and Software Pirates - An Examination of Microsoft’s Role In and Response to Human Rights Violations in Russia

Abstract

The Russian government has been invading offices of media organizations and non-governmental organizations that are critical of state actions. Oftentimes, these raids occur under the guise of cracking down on the use of pirated Microsoft software by these organizations. The authorities, acting alongside Microsoft lawyers, will seize the computers as a part of their 'investigation', effectively shutting down the organization. This issue attracted a great deal of attention when it was described in a September 11, 2010 article in the New York Times. Microsoft reacted very quickly and publicly to the media reports.The goal of this paper is to outline the details of this particular case and determine whether Microsoft acted effectively to protect human rights. Part I of this paper will provide background to the discussion that follows. This is achieved by first examining Russia's human rights obligations under various international treaties, the rights implicated by this issue and Russia's treatment of these rights. Second, this part will discuss human rights violations by Russia with respect to the dissident media and NGOs. Third, this part will look at the issue of software piracy in Russia. Part II of this paper will examine the specific rights controversy generated by the New York Times article and Microsoft's responses. This is achieved by first providing some background on Lake Baikal and the Baikal Environmental Wave. Next, it will examine the seizure of computers by Russian authorities under the pretext of fighting software piracy. Lastly, this section will look at the New York Times article and Microsoft's response to the controversy. Part III examines Microsoft's actions through the lens of the Draft Guiding Principles for the Implementation of the United Nations 'Protect, Respect and Remedy' Framework.