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Microsoft Violates Human Rights in China 642

gexen writes "According to this article in The Guardian, 'Amnesty believes Microsoft is in violation of a new United Nations Human Rights code for multinationals which says businesses should 'seek to ensure that the goods and services they provide will not be used to abuse human rights'. The article basically states that 'Gate's firm supplied technology used to trap Chinese dissidents'."
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Microsoft Violates Human Rights in China

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  • No Details (Score:5, Interesting)

    by alset_tech ( 683716 ) on Sunday February 01, 2004 @11:18AM (#8150676) Homepage
    Of course, the article doesn't really pin down what control M$ is offering China that they didn't already have. No specifics to tell us where M$ stopped developing regular software and started aiding in HR violations.
  • Re:Corporations... (Score:4, Interesting)

    by leerpm ( 570963 ) on Sunday February 01, 2004 @11:27AM (#8150740)
    Yes companies have to abide by international law too, but no laws were broken here. Amnesty International is just doing this as a publicity stunt.
  • by mxyzpltk ( 452194 ) on Sunday February 01, 2004 @11:30AM (#8150757)
    Is open source software exempt from this sort of criticism?

    As a coder, one of the things that makes me feel a little squeamish about the GPL is giving up the right to tell people they can't use my software for certain purposes. I'd rather my code not be used by the military to blow people up or by the KKK to serve racist webpages.
  • This just in! (Score:5, Interesting)

    by Tokerat ( 150341 ) on Sunday February 01, 2004 @11:30AM (#8150762) Journal

    According to this article in The Guardian, 'Amnesty believes Ford Motors is in violation of a new United Nations Human Rights code for multinationals which says businesses should 'seek to ensure that the goods and services they provide will not be used to abuse human rights'. The article basically states that '[the] firm supplied technology used to run over Chinese dissidents'.
    I hate Microsoft because of their product quality, and strong-arm market dominance tactics. Honestly, however, what the HELL is Amnesty thinking? I do believe I'd have to say that Redmond is in the clear on this one...

    I mean, did the conversation go like this or something?

    China: Hello? We need OS package for five hundred government computer!
    Microsoft: Alright, would you like Windows 2000 or Windows XP Professional?
    China: Whichever one better for trapping dissidents!
  • Yes, and IBM... (Score:3, Interesting)

    by reynolds_john ( 242657 ) on Sunday February 01, 2004 @11:31AM (#8150767)
    was shpping mainframes to Germany to track Jews during WWII, and Ford was a raving anti-semite.

    Neither seems to have had any impression on the company over the long haul, unforutnately.
  • by Mysteray ( 713473 ) on Sunday February 01, 2004 @11:31AM (#8150771)

    I wonder how specific the "Microsoft Human Rights Abuser 2003" software and the Cisco stuff mentioned really is. It doesn't really take esoteric tools to keyword search sites, monitor net usage, and filter them out with proxies and firewalls.

    After all, companies have been doing this for years on their internal networks, is this just a scaled up version?

    From the article:

    Amnesty believes Microsoft is in violation of a new United Nations Human Rights code for multinationals which says businesses should 'seek to ensure that the goods and services they provide will not be used to abuse human rights'.

    Does this imply that a free OS, for example, must try to make sure their software can't be used to keep lists of people targeted for oppression?

    From An earlier version of The Open Source Definition [perens.com]

    5. No Discrimination Against Persons or Groups. The license must not discriminate against any person or group of persons. A license provided by the Regents of the University of California, Berkeley, prohibited an electronic design program from being used by the police of South Africa. While this was a laudable sentiment in the time of apartheid, it makes little sense today. Some people are still stuck with software that they acquired under that license, and their derived versions must carry the same restriction. Open Source licenses may not contain such provisions, no matter how laudable their intent.
  • by MtViewGuy ( 197597 ) on Sunday February 01, 2004 @11:35AM (#8150804)
    ...And in fact, it could be worse in terms of tracking Internet usage!

    Does anyone here know about Red Flag Linux and the locally-developed Dragon RISC CPU? Given that both are sanctioned by the Chinese government, you have to really openly wonder does the Chinese government have access to back doors via software and/or hardware that will allow them to quickly track Internet usage with Red Flag Linux and the Dragon CPU-based hardware.
  • no, dipshit (Score:1, Interesting)

    by Anonymous Coward on Sunday February 01, 2004 @12:04PM (#8150972)
    they are responsible because they CUSTOM MODIFY THEIR PRODUCTS AND SERVICES AT THE REQUEST OF THE CHINESE GOVERNMENT. fucking twit. thats like saying ford just happened to sell hitler a bunch of factories and technicians, and hitler was just an innocent shopper like everyone else (nevermind hitler praises ford by name in mein kampf)
  • by originalhack ( 142366 ) on Sunday February 01, 2004 @12:12PM (#8151017)
    In 1994, the US government imposed technical requirements on telecom carriers [askcalea.net] that automatically became mandatory features on every equipment provider selling to US telecom carriers. Since almost all such equipment is sold worldwide, that means that additional repressive technology is being forced into the hands of all repressive governemnts worldwide. (Including our current administration)

    Note that CALEA is about making the technology capable of snooping rather than authorizing that snooping to be done. In the US, it takes further bad legislation like the Patriot act to authorize the snooping. CALEA just makes it (too) easy.

  • Slashdotters (Score:3, Interesting)

    by Anik315 ( 585913 ) <anik@alphaco r . n et> on Sunday February 01, 2004 @01:01PM (#8151304)
    Slashdotters are associated with being anti-Microsoft, but when some bs like this comes up, for the most part, we recognize it as bs.

    And this is the only way our criticisms of Microsoft's stagnant software ever gets taken seriously... I think they do listen to us sortof...
  • by Fembot ( 442827 ) on Sunday February 01, 2004 @01:09PM (#8151359)
    You seem to be missing the beatings and the political opression in Zimbabwe too. AND Zimbabwe was one of our former colonies until after world war II so we have an obligation and relationship quite different from that with Iraq.

    And what the hell makes you think america is the only country with a god given right to own WMDs (not that Iraq actualy had any though). Saddam would have been quite justified in turning round and demanding to inspect American stock piles.

    And remember all that fuss about those two captured pilots being shown on the TV being against the Geneva convetion?? Then America declares Saddam a POW under the geneva convention and shows yet MORE pictures of him having nits picked out on tv.
  • by mabhatter654 ( 561290 ) on Sunday February 01, 2004 @01:09PM (#8151360)
    But free software is created by the people...without the goverment's sanction. The people individually did it on their own as Citizens. Multinational corporations are created under charter of the US government to do what's good for the US people! Selling spy systems to Communist governments is NOT good for the US people!!! The difference it that corporations are selling this stuff [i.e. collecting legal money] for profit not simply providing "free speech" software. In many cases, there are corperate consultants sent over to "help with the details" ...often even the development is done on US SOIL... and people in the media worry about petty things like cloning or homosexuals going on...

    The "second order" effect is that when the US govt seeks to censor it's own people the tech will already be developed, by US corps...When spying tech gets good enough, the govt will have plug-n-play services available....don't you think that's WRONG!!!!

  • by Jeff DeMaagd ( 2015 ) on Sunday February 01, 2004 @01:38PM (#8151546) Homepage Journal
    I do think that companies should be held accountable to who the sell to, particularly if they know what it will be used for.

    Granted, the company doesn't always know how the user will use it, and can't control that, but if they know what will happen then the ethical thing would be to refuse services. It is really too bad that companies are more worried about the next quarter than how their actions will go into history books.

    Would any software or network company think that history would treat them well if they sold software and equipment that was used to round up and massacre dissidents? Heck, many US companies dealt with Germany and in my opinion, openly abetted in human rights abuses, although I will grant, none of those companies caught sufficient hell for what they did, but now is a time to start.

    Why would it be so wrong to scale that down to lesser crimes against humanity?
  • RTFA (Score:2, Interesting)

    by ShadowRage ( 678728 ) on Sunday February 01, 2004 @02:12PM (#8151800) Homepage Journal
    I've seen so many posts where people are like "uhh, how is this trapping them?"

    microsoft is tailoring their software to spy and track the location of any of its users so if they do anything "bad" (like saying "freedom is great, go democracy!") they'd be jailed tortured, then killed, and microsoft's doing this knowing the reprocussions it will have on its users.

    at least if they make a linux system, it can be hacked to be invisible to the chinese govt.
  • by Wanderer2 ( 690578 ) on Sunday February 01, 2004 @02:15PM (#8151821) Homepage
    I distrust this story on several levels. The machines in question would have been punch card sorters and probably much more likely to have been installed in some anonymous office in Berlin rather than onsite in the camps.

    I've read the book mentioned by the grandparent poster, but unfortunately I don't have it to hand.

    The Germans had a large number of punch-card machines installed all over the 3rd Reich. Dehomag (the German subsidiary of IBM) kept records of each machine and its location - naturally, they wanted to know how much to charge the various organisations using them. The census forms were processed at large government offices, but there were a number of machines based onsite at the concentration/work/death camps which were used for tracking the movements of prisonsers. Given the vast numbers involved (~10 million prisoners) it made sense to process the data locally.

    PS. The book is well worth reading but it's, obviously, very depressing.

  • by jbs0902 ( 566885 ) on Sunday February 01, 2004 @03:03PM (#8152221)
    "International Law" is a fiction.

    Laws get passed by legislatures & monarchs. We don't have an international legislature or an international monarch, now do we? So, we can't really have international laws.
    Maybe someday we'll have a world government but not now.

    What we have in the real world are Treaties. A treaty is an agreement between two or more countries. In reality the treaties are almost NEVER symmetrical. As an example, the US/UK pass a tax treaty. Well at the negotiating table, the treaty said W, X & Y. Put when parliament passed it they didn't like W. So, the UK law passed by parliament says V, X & Y. Same type of silliness in the US Congress. They don't like what the negotiators did and pass the US law with W, X, & Z. So, now we have "treaty" but they don't match.

    The most important thing to notice here, is that no international law was passed, only 2 national laws. One for the UK. One for the US. I can't go into a US court and sue over the fact that the UK law lets me have rights to V, X & Y, because this is the US and our law says you have rights to W, X, & Z. Vice versa for the UK. I can't go into NZ and sue on either the treaty, the US law, or the UK law. Why? Because the treaty was never a law, it was merely and agreement "in principle" made by bureaucrats. The US law is a US law and therefore unenforceable in NZ. Same with the UK law.

    So, you see, the "international law" really isn't very international at all. It is merely a group of inconsistent laws cobbled together from a bunch of countries.

    It gets worse, since this "international law" is merely a group of national laws that have no effect outside the jurisdictions of those nation states, any country that doesn't pass a similar law isn't bound by that "international law." And nothing stops a nation from changing its laws. So, if the UK doesn't find the tax treaty to its advantage, it can easily pass a new law revoking the old V, X & Y law. Laws based on treaties aren't any more important than laws NOT based on treaties. If the US doesn't like that the UK revoked the law it really only has two options: change the US law, or suck eggs.

    There is no International body that forces a nation to have a particular law. We have a few administrative courts that can "suggest" the types on retaliatory laws passed by the offended country, but no real involuntary enforcement mechanism on an international scale. This is really why armed conflict (one nation imposing its will on another) is still a part of international relations.

    So, if the US (or any other country) is "violating an international law," the quickest and LEGAL solution to the "problem" is to just repeal the US law enacting the treaty.

    "International Law" is a nice short hand phrase, but so is "treaty." And treaty is closer to what actually happens in the real world. At least a document called a "treaty" was put tighter at some point. No one with any power ever actually wrote something entitled "international law." When someone talks to me of "international laws," I know they either (a) don't know what they are talking about, or (b) have an agenda and are selecting the phrase as part of a rhetorical device and not based on facts.
  • by fzammett ( 255288 ) on Sunday February 01, 2004 @03:05PM (#8152241) Homepage
    There are many, many things MS does that deserve our scrutiny, scorn and seeking of alternatives. Even I as someone that generally speaking doesn't have a huge problem with MS certainly has issues with them.

    But this is just nuts. Let me think this through...

    Now we WANT MS to track people, to investigate them and to make sure they aren't doing anything wrong with their products? And who should determine what is the right thing and what is the wrong thing? MS?

    And if they add DRM to all their products, is it OK that you can't activate a product unless you certify that you won't kill anyone, spy on them or otherwise abuse their civil liberties?

    Man, talk about a no-win scenario for a big corporation. We hate'em if they intrude on us too much, we hate them if they don't intrude ENOUGH apparantly.

    Sorry, MS didn't do a damned thing wrong here, and saying otherwise in this one instance is just plain nuts.
  • No one said that they had to. AI is simply saying that human rights abuses are wrong, and the things that MS is doing in China help further human rights abuse. There is no legal reason they can't. It's a moral reason.
    I'm from the US, and it pisses me off how many assholes there are like you here, people who say 'If they law doesn't explicitly forbid it, it must be ok'.

    I call shennanigans. And bullshit.

    I say it's high time that people asked themselves "is this right?" more often than "is this legal?"
  • by anto ( 41846 ) <ajw@NOSPaM.pobox.com> on Sunday February 01, 2004 @04:50PM (#8153019) Homepage Journal
    Reading about IBM's actions during the second world blew me away. Sadly we only seem to find out later just how involved the companies are in ensuring that people can be rounded up, tortured & killed.

    I'm sure that at least someone at Microsoft is involved in discussions arranging customisation of their products to perform actions the Chinese government require. While it is a perfectly legitimate to help customise software for local conditions & legal requirements as a company you should be *very* careful performing actions that would be considered not only illegal but morally wrong back at home.
  • your selective .sig (Score:3, Interesting)

    by Doc Ruby ( 173196 ) on Sunday February 01, 2004 @06:21PM (#8153758) Homepage Journal
    US Constitution, Amendment II: A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

    What part of "shall not be infringed" is so hard to understand?

    The sentence is a little hard to understand, as it is not even grammatically correct - it's a runon sentence, which makes sense only if joined like:

    A well regulated militia, being necessary to the security of a free state, requires that the right of the people to keep and bear arms, shall not be infringed.

    But I'm not rewriting the Constitution, just trying to understand how Americans are to live under that protection from government control. As long as you're struggling to understand that sentence, you should accept that "regulated" means "supplied with material", its primary meaning when that article was written. And a "Militia" means an informal, self-organized local military unit, not a standing government army. Anyone without a selfserving agenda to be armed to the teeth along with anyone else who wants guns would read that sentence without confusion. It means that the US military is to be structured as local militias, who arm themselves, as protection of the state's liberty.

    Well, we have, since the Revolution, instead created a half-trillion dollar a year standing (and fighting) military. We should either drop that military in favor of an 18th Century militia self-armed structure, in keeping with the Constitution, or drop that incoherent amendment. Either way, we should drop the pretense that anyone is entitled to any arms they want in this country.
  • Chicago and Washington DC banned handguns. New York has almost done so. Those places don't seem to have a shortage of armed criminals though, do they? So who, I ask you, is really affected by the law? The good guys, or the bad guys?

    You make the typical gun advocate claim that all gun crimes are committed by "criminals", by which you mean habitual criminals. I don't know what the statistics are in the USA, but in Australia a lot of the murders committed with guns were by people who didn't previously have criminal records - basically, people who flipped out for one reason or another. The common thread in these was that self-loading rifles made it too easy for such people to kill a lot of people at once. We restricted their ownership to the few people who actually need them for professional reasons. Voila, no more spree killings since.

  • by Anonymous Coward on Sunday February 01, 2004 @08:59PM (#8154804)
    Why do you think that we should hold Linus and other open source software developers accountable? GPL doesn't tell anything about the misuse of the software, so do you think that the government should sue Sourceforge because it distributes software without verifying the purpose of the software. Repeatedly Sourceforge violated the human rights in various part of the world, we know that already, but I don't see that you can blame Sourceforge and developers for it.

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