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From: ktabic at ktabic.co.uk (ktabic)
Subject: FW: Re: Cisco's stolen code

On Thu, 2004-05-27 at 16:11, Maarten wrote:
> Note that if you came into possession of something but there is no evidence of 
> a worm uploading that stuff, you'd probably still be screwed.  Let's say they 
> find you have all manuscipts of Stephen King in your possession.  Would you 
> be successful in argueing that you got that through spyware ? I think not.
> 
That depends on where you are, and what a jury believes:
http://news.bbc.co.uk/1/hi/technology/3202116.stm
http://www.theregister.co.uk/2003/10/17/caffrey_acquittal_a_setback/
There are similar cases but with trojans found:
http://news.bbc.co.uk/1/hi/technology/3202116.stm
http://www.theregister.co.uk/2003/10/28/suspected_paedophile_cleared_by_computer/

> Meanwhile, your point tends to get a little offtopic, if only for the fact 
> that the OP asked for [a place to find] the code.  Whatever happens after 
> that, if he later receives the code 'by miracle' he will still be unable to 
> convince a court he did not actively sollicit it.  It's akin to asking around 
> for poison: from then on you better pray your wife doesn't suddenly die.
> Cause if she does, you'd be prime suspect number One, with sugar on top...
> 
Of course, evidence that the person found with the copyright stuff had
been asking for it should counteract any trojan defense.

ktabic
-- 
www.ktabic.co.uk
Many sysadmins won't give you the time of day.
Thats what NTP is for.


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