Code Isn't Property; Therefore it can't Be stolen

Discussion in 'User Submitted News' started by Gh0sti, Apr 12, 2012.

Apr 12, 2012
  1. Gh0sti
    OP

    Member Gh0sti iOS Guru

    Joined:
    Aug 19, 2009
    Messages:
    1,302
    Location:
    Inside you, all around you
    Country:
    United States
    [​IMG]

    During a court ruling of a man nameed Sergey Aleynikov while working at goldman sacks was acquitted with stealing code from the company but during his court ruling the judge decided code isnt property thus cant be stolen
    [​IMG] Endgadget
    So what does this mean for the future what do you guys think, now anyone can use anyones code?? The judge has asked Congress to be able to amend the law for the rest of the world to be able to do this

    Does this in a sense of open pandora's box does this mean games are essential made of code and can be copied?? your thoughts
     


  2. WiiUBricker

    Member WiiUBricker Insert Custom Title

    Joined:
    Sep 19, 2009
    Messages:
    5,827
    Location:
    Espresso
    Country:
    Argentina
    Judge is stupid. Compiled games are practically all machine code. Judge is probably a dirty pirate, lol.
     
    1 person likes this.
  3. finkmac

    Member finkmac GBAtemp Fan

    Joined:
    Nov 9, 2011
    Messages:
    447
    Location:
    Over there
    Country:
    Canada
    So, this means my Code, which I wrote, Isn't my property? By that standard, books aren't property, therefore they can't be stolen.
     
    6 people like this.
  4. Jamstruth

    Member Jamstruth Secondary Feline Anthropomorph

    Joined:
    Apr 23, 2009
    Messages:
    3,456
    Location:
    North East Scotland
    Country:
    United Kingdom
    Well...pirates are always arguing that piracy cannot be considered "stealing" because it copies the original instead of actually removing it. Possibly the judge is pointing out this in a situation where everyone agrees that the man is in the wrong?
    So yeah... we're showing the double standard not the judge. As far as he's concerned this is a copyright violation (and the code probably hadn't been copyrighted yet) so it cannot be considered "stealing"
     
  5. Midna

    Banned Midna Banned

    Joined:
    Apr 13, 2008
    Messages:
    3,336
    Country:
    Albania
    Theft involved depriving someone of their property. That is the legal definition. Of course copying code isn't theft.

    It may be any number of other crimes, but it isn't theft.
     
    7 people like this.
  6. FAST6191

    Reporter FAST6191 Techromancer

    pip
    Joined:
    Nov 21, 2005
    Messages:
    21,736
    Country:
    United Kingdom
    An interesting ruling and potential piece of case law (I would be surprised if a lot of IP lawyers are not getting calls about now with an eye to doing things and later on more people are not lining calls and meetings of "interest groups") as to my reading it has potential to do a lot to damage software patents (both the industrial espionage and property part as both of those have fundamentals in common with patents) which is no bad thing from my perspective but various groups fight tooth and nail to keep it that way and increase powers. More than that though it has some interesting implications for straight up copyright but going on what I read previously on the matter it does not seem to have been tried as a copyright infringement and possibly trade secrets.

    "The judge has asked Congress to be able to amend the law for the rest of the world to be able to do this"
    How very amusing- people often joke about the US and especially US IP law riding roughshod over the rest of the world when it comes to legal matters but the parties concerned usually stop short of a tacit admission.
     
  7. TehSkull

    Member TehSkull Living the life

    Joined:
    Nov 29, 2009
    Messages:
    2,700
    Location:
    Louisiana
    Country:
    United States
    brb uploading Half Life 3 source code
     
  8. Fishaman P

    Member Fishaman P Speedrunner

    Joined:
    Jan 2, 2010
    Messages:
    3,176
    Location:
    Wisconsin
    Country:
    United States
    So now Adobe can't sue us when we get a copy of the Adobe CS6 suite before it comes out!
     
    3 people like this.
  9. AlanJohn

    Member AlanJohn くたばれ

    Joined:
    Jan 6, 2011
    Messages:
    3,425
    Location:
    Canada,New Jersey
    Country:
    Ukraine
    If someone has access to the code, doesn't that mean that the program is open-sourced?
     
  10. TehSkull

    Member TehSkull Living the life

    Joined:
    Nov 29, 2009
    Messages:
    2,700
    Location:
    Louisiana
    Country:
    United States
    No, sometimes closed source projects get code leaked by their developers or by accident by some retard.
     
    2 people like this.
  11. FAST6191

    Reporter FAST6191 Techromancer

    pip
    Joined:
    Nov 21, 2005
    Messages:
    21,736
    Country:
    United Kingdom
    "If someone has access to the code, doesn't that mean that the program is open-sourced?"

    Not related at all but it got me wondering if this has further ramifications for decompilation (or indeed languages based upon an interpreter of some form) and other forms of previously potentially interesting reverse engineering.
     
  12. CyborGamer

    Member CyborGamer GBAtemp Regular

    Joined:
    Mar 18, 2008
    Messages:
    113
    Country:
    Australia
    Even if it's not theft, it's still considered plagiarism, no? That in itself is still considered a crime wouldn't it?
     
  13. Memoir

    Member Memoir Undeserved

    Joined:
    Jun 24, 2007
    Messages:
    2,943
    Location:
    Wyoming
    Country:
    United States

    >> lol no. Just... no...

    A book and code are two completely different things. One can be altered numerous times by numerous people.. Whereas the other is usually written by one person and copyrighted. [Note the bold kthx]
     
  14. the_randomizer

    Member the_randomizer The Temp's official fox whisperer

    Joined:
    Apr 29, 2011
    Messages:
    17,357
    Location:
    Unknown
    Country:
    United States
    My roflcopter goes soisoisoisoisoisoisoisoi.....


    On a more serious note, won't this have a large negative impact for people who program code?
     
  15. FAST6191

    Reporter FAST6191 Techromancer

    pip
    Joined:
    Nov 21, 2005
    Messages:
    21,736
    Country:
    United Kingdom
    Mchief298 I can see where you are coming from and there is a kind of related piece of copyright stuff with the public domain books (the text might be but the typesetting and such does constitute a new work so scanning and releasing your nicely new typeset version of [insert chosen public domain work] could see me up in front of the beak) but I can not stand behind the logic for a moment.
     
  16. redfalcon

    Member redfalcon GBATemp Member

    Joined:
    Feb 19, 2009
    Messages:
    250
    Country:
    Germany
    It's only plagiarism if you would re-release it under your name. It would be theft nonetheless.
     
  17. Gh0sti
    OP

    Member Gh0sti iOS Guru

    Joined:
    Aug 19, 2009
    Messages:
    1,302
    Location:
    Inside you, all around you
    Country:
    United States
    yep this court case definitively opened pandoras box on whats now considered legal
     
  18. The Milkman

    Member The Milkman GBATemp's Official Asshat Milkman

    Joined:
    Jan 12, 2011
    Messages:
    3,471
    Location:
    Throwing milk at the bitches!
    Country:
    United States
    I half agree with this fact. I don't think code can be stolen because it can be replicated by different maners and its no real possession or item. However it can be copied and distributed without permission of the creator, which is pretty much piracy. Take it like this.
    I can make an amazing new comic and copy right it, however if some one TAKES the comic without my permission, I can report it as stolen. But if someone buys a copy of it from me and then decides to scan it and distribute my comic for free, without my permission then he's pirated it. That's how I see it. Two totally different crimes that should have totally different punishments. If you steal it then you should be punished the standard way. If you pirate you should just have to buy the amount of copys you distributed, if you pirated a copy you should simply be required to buy it. Fair punishment for a victimless crime I say.
     
  19. Hadrian

    Former Staff Hadrian Better than Craigslist

    Joined:
    Oct 12, 2004
    Messages:
    16,978
    Country:
    United Kingdom
    I don't think this will lead to anyone being able to copy anyone's code, it just means anyone who does copy code will be accused of something else other than theft, maybe plagiarism.
     
  20. Magsor

    Member Magsor I am watching you

    Joined:
    Dec 1, 2010
    Messages:
    959
    Location:
    Amos
    Country:
    Canada
    Wow! Those 7 words are the reason i don't take part in the piracy debate. If you cannot protect your code properly your just dumb and greedy.
    Theft involved depriving someone of their property. End of debate.
     
    1 person likes this.

Share This Page