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You can't steal code, at least in the U.S.

Started by jj2007, April 12, 2012, 03:34:28 PM

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dedndave

sounds like they charged him with the wrong thing
they charged him with theft
should have charged him with infringement
symantics

SteveAsm

Quote
should have charged him with infringement
symantics

I don't know...
Sounds to me like the DA was trying to bend the wording in the law to make a case of "one size fits all".
Prosecutors love to create the impression that (with smoke and mirrors) "if you look at it from just the right angle", the law says "what we tell you" it means.
Unfortunately, the (ignorant) jury bought it, as they often do.

The judge, well versed in the law and astute as he is, saw through it and said "no, you can't make the wording mean more than it was intended to mean".
The wording in the law pertained to money, not program code.

I say "good for him".

dedndave

yah - the judge probably looks at "precedence"
and the DA should have, also

SteveAsm

Quote from: dedndave on April 15, 2012, 11:57:01 PM
yah - the judge probably looks at "precedence"
and the DA should have, also

Judges, I've heard (I know a couple) don't like to be responsible for setting precedence.
If they create a new law, by setting precedence, and it gets overturned in another trial, it makes them look stupid for having done so.

DA's like being known for having set a precedence, because it's a feather in their cap.

That's why so many cases in the US Courts get overturned on appeal.
Appeals Court Judges are very careful about making new laws.

In the lower court, the judge can place the blame on the jury, knowing it will be overturned on appeal.