Great stories about patents and other IP

Jeff Peters and Andy Tucker in Russia

Source: Patents news by Grill-IP

Microsoft-lisence-software-Russia-IP-07-06-2016The concept of ownership of intellectual property in Russia is very unclear. People of all sorts advocate and protect the rights of authors. Usually, not without a selfish motive. For example, they protect the honor and dignity of such giants like Microsoft, Oracle, Adobe and other developers of popular software. Although these corporations know nothing about their valiant defenders and what’s more, they even lose money on such friendly care.

Benjamin Owen Orndorff, a humble Microsoft employee, is very popular in Russian courts and user companies. His autograph can be found all over Russia and the Russian Internet.

This man is far from leading positions. Sometimes on the Internet, he can be mentioned as a director of the Irish Microsoft’s online store, and sometimes as an assistant secretary in one of the divisions of the commercial department of the corporation. In fact, it does not matter who he is. What matters is the fact that he exists. And his signature too. This signature appears on a huge amount of letters of authority, which are used by frauds. The scheme is very simple. Here is an example. Let us say there is a vocational college in a hick town. Call it the Academy of arts and crafts. It has just opened and purchased equipment. I.e. computers for educational and administrative purposes. The Academy hires a system administrator to handle the machines. A law-abiding principal of the Academy wants to work according to the rules. The system administrator blindsides him saying that all software must be licensed. Which means that the software should be bought from a sales representative of the developing company. A change passes over principal’s countenance. The new school year will start soon and there is a lot to do… Now it turns out you have to pay for a license, among other things. He has to buy the license for computers in the departments of basket weaving and woodcarving. He is in a panic, but there is always a friend to help at the right moment.

It turns out that the system administrator knows the guys from the regional center which not only represent the developers but also can sell the license cheaper and install the software.

A representative of company Z visits the Academy immediately and he offers licensed software from Microsoft, Oracle, and Adobe etc. He offers to buy the software at half the price indicated on the official websites of the US companies.

The administration checks the documents carefully. Everything seems to be good: the representative has letters of authority from these organizations. They are notarized in Russia and in the US. Typically, in Texas and Delaware. For some reason, the frauds love these states. However, the administration prefers to believe them and buys the software. Moreover, the representatives help to install the software on computers and, in general, they seem to be nice guys. Just to make sure, the principal goes to the regional center and visits Z’s office. Everyone loves him there.

And then begins “matryoshka”. The frauds call their scheme so. Six months later, a representative of company Y comes to the Academy and says that the software is counterfeit. It means that the principle is a pirate. The principal does not believe this but the man has incontestable evidence. Company Y has filed a lawsuit against the Academy in a local court and the court decides to check the legality of the software. The learning process is interrupted. The students cannot weave baskets and carve wood. The Academy is closed. The principal has to do something quickly. He agrees to compromise an action and pay for the license plus a fine. In a fit of anger, he goes to the main street of the regional center to kick asses of the nice guys from company Z, but there are other guys in the office. And these new guys are not nice. The principal has to pay.

Everything calms down until the spring, when letters from Microsoft’s, Oracle’s and Adobe’s Moscow offices arrive at the Academy. The letters say that the Academy uses counterfeit software. “This is impossible!” yells the principal and goes to the court. And in the court, it appears that company Y had no right to sell the software, letters of authority were forged and Y is no longer exists.

This case is taken from real life, although we do not specify the real names and the addresses at the request of participants. However, we enclose links to lists of documents for the cases with fake letters of authority signed by Benjamin Owen Orndorff in Russia: http://ipnovus.narod.ru http://forum.femida78.ru/viewtopic.php?f=4&t=2184&p=42943 http://forum.femida78.ru/viewtopic.php?f=4&t=2323 http://kad.arbitr.ru/PdfDocument/553ce2e8-569f-4212-b78f-b2e4faf6c252/A56-26565-2015_20151016_Reshenie.pdf http://ipnovus.livejournal.com/105993.html http://www.labrate.ru/146/powers-benjamin_orndorff_2004.htm


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Author: grill-ip

Grill IP is a non-profit project for educational and entertaining purposes only. Our aim is to provide quick and easy access to aggregated and original patent news, IP analysis, interesting business cases in IP, basic legal updates and a list of patent transactions.

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