Unreal Playground  

Go Back   Unreal Playground > Unreal Playground > Playground Cafe > News Radio

News Radio All the news that Radio sees fit to print!!!

Thread Tools Rate Thread Display Modes
Old 04-12-2012, 10:37 PM   #1
I R Happy Goat
radio667's Avatar
Join Date: May 2002
Posts: 10,796
Downloads: 2

Code can't be stolen under federal law, court rules

from cnet.com ............ Judges find former Goldman Sachs programmer was wrongly charged with theft and espionage after he downloaded code to a high-speed trading system.

The government's effort to prosecute corporate espionage was dealt a setback today when a federal appeals court ruled that downloaded code did not qualify as stolen under a federal theft statute.

The 2nd U.S. Circuit Court of Appeals in New York ruled today that former Goldman Sachs programmer Sergey Aleynikov was wrongly charged with theft of property under the National Stolen Property Act, which makes it illegal to steal trade secrets.

Aleynikov, 42, was convicted in December 2010 of downloading code for Goldman Sachs' high-speed computerized trading operations and uploading it to an overseas server before he left the Wall Street investment bank in 2009.

"Because Aleynikov did not 'assume physical control' over anything when he took the source code, and because he did not thereby 'deprive [Goldman] of its use,' Aleynikov did not violate the NSPA," Chief Judge Dennis Jacobs wrote in the three-judge panel's unanimous decision (see below). "We decline to stretch or update statutory words of plain and ordinary meaning in order to better accommodate the digital age."

Aleynikov was sentenced to eight years in prison but was released in February when the judges found that Aleynikov had also been wrong charged with espionage under the Economic Espionage Act of 1996.

While conceding that the code was "highly valuable," Jacobs said the code was never intended to be sold or licensed.

"The enormous profits the system yielded for Goldman depended on no one else having it," Jacobs ruled. "Because [the high-frequency trading system] was not designed to enter or pass in commerce, or to make something that does, Aleynikov's theft of source code relating to that system was not an offense under the EEA."

The ruling comes a day after an appeals court in San Francisco rejected the government's broad interpretation of a nearly 30-year-old anti-hacking law in trying to prosecute a man for misappropriation of trade secrets. The 9th U.S. Circuit Court of Appeals ruled yesterday that the government's interpretation of the 1984 federal Computer Fraud and Abuse Act could lead to millions of Americans being subjected to prosecution for harmless Web surfing at work.

Aleynikov Appeal Decision

Click the image to open in full size.

"There is also a river called Helikon [in Pieria]. (...) But, they go on to say, the women who killed Orpheus wished to wash off in it the blood-stains, and thereat the River sank underground, so as not to lend its waters to cleanse manslaughter."

—Pausanias, Description of Greece 9. 30. 8
radio667 is offline   Reply With Quote


Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Similar Threads
Thread Thread Starter Forum Replies Last Post
ACLU Battles Child Online Protection Act in Federal Court Lmhr News Radio 1 10-25-2006 08:28 AM
Hellgate: London Source Code Stolen? radio667 News Radio 6 07-14-2006 05:15 AM
Code of Conduct and Rules of Engagement : Reply titansolaris Playground General Discussion 1 05-26-2003 10:50 PM
Code of Conduct and Rules of Engagement Vintage1945 Playground General Discussion 54 11-15-2002 10:36 PM
Code of Conduct and Rules of Engagement... MadMikey Bulletin Board 0 11-15-2002 12:26 AM

All times are GMT -5. The time now is 04:22 PM.

Powered by: vBulletin Version 3 something...
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
Style and Content © 2001-2009 Unreal Playground