Position: Case Against Denisova is absurd!
In February 2010 there was initiated a criminal case against Anastasia Denisova and brought charges on:
- Article 146 part 3, paragraph D of the Criminal Code of the Russian Federation – “Illegal use of objects of copyright or neighbouring rights (non-licensed software) by a person with the use of his official position - shall be punishable with deprivation of freedom for a period up to six years with the fine up to 500 000 roubles”.
- Article 273 part 1 of the Criminal Code of the Russian Federation – “Creation of computer viruses for the introduction of changes to existing programmes” – shall be punishable with deprivation of freedom for a period up to 3 years with the fine up to 200 000 roubles”.
Why do we consider this criminal case unfounded?
Criminal case is:
- centered around examination of computer equipment which do not belong either to Anastasia Denisova or NGO “ETHnICS” and which were confiscated with the violations of the Russian Federation legislation.
- based on expert report, which validity is doubtful because it increases the cost of the software in order to make amount of loss fit into the sum limits of the article 146 of the Criminal Code of the Russian Federation (other problem points of the expert report: http://expert-pirate.livejournal.com/307.html, http://habrahabr.ru/blogs/Legal_advice/85658/ detailed analysis of the expert institution “Criminal Experts’ Union”, which appears in some other controversial cases, seehttp://antirao.ru/wiki/soyuz-kriminalistov-moo)
- Article 273.1 of the Criminal Code of the Russian Federation is mentioned in the case because of on one of the computers there was found a key generator. The program itself does not install anything and does not modify any software program, and theoretically does not fall under the Article 273, paragraph 1.
- Expert found the connection between these computers and NGO “ETHnICS” in the following way: he found text files which contain the name of the Organization. If the Organization is mentioned in some files it means that computers were used in its activities and therefore the head of the Organization used the programs with the use of his/her official position. Apparently, following this logic if your computer contains some files with the name YUKOS, it proves that your computer was used in YUKOS activities.
The investigation itself abounds with procedural irregularities.