<story><title>Excerpt from ‘Flash Boys’ about Serge Aleynikov and Goldman Sachs</title><url>http://cryptome.org/2014/04/goldman-sachs-code-thief.htm</url></story><parent_chain><item><author>dm2</author><text>I&amp;#x27;m guessing that there isn&amp;#x27;t any legal recourse (monetary) for him from Goldman Sachs and the FBI ruining his life.&lt;p&gt;Should there be?&lt;p&gt;Goldman Sachs had every right to request that he be prosecuted, but no matter how the case turned out, his life would be ruined. I don&amp;#x27;t know of a good solution to this issue, but it just seems very wrong. I&amp;#x27;m sure there have been countless instances of this happening though.&lt;p&gt;Maybe a good solution would be to lessen the penalties for this type of crime.&lt;p&gt;Maybe a legal requirement for a public apology and for the prosecutor to have to pay back legal costs? A portion of this restitution should come out of that courts budget or the department that perused the case without doing their due diligence.&lt;p&gt;Did Sergey sign something saying that he could never remove code from the building or use it in another project? I&amp;#x27;m not sure that it simply being company policy is enough, in my opinion.&lt;p&gt;Has anyone here ever taken code from one employer with the intent of using it again if needed, simply to save time and not having to duplicate research? Should you be considered a criminal for that? Should you have to pay back the time the company paid you to write that code?&lt;p&gt;It seems like the lessons are:&lt;p&gt;1) Don&amp;#x27;t talk to police, even if you did nothing wrong and they tell you they are on your side. Lawyer up.&lt;p&gt;2) Don&amp;#x27;t steal code, but if you do then encrypt it and put it on a portable media device. Uploading to a foreign SVN repository using the companies network wasn&amp;#x27;t very smart, don&amp;#x27;t do that.&lt;p&gt;3) Ensure that your employees know the company&amp;#x27;s policy on removing code from the premises. It seems pretty obvious but I believe that Sergey honestly didn&amp;#x27;t think he was doing anything wrong.</text></item><item><author>ntakasaki</author><text>Continuing the story from his Wiki page:&lt;p&gt;In March 2011, Aleynikov appealed the conviction, asking the Second Circuit to review the District Court&amp;#x27;s decision denying his original motion to dismiss the indictment for failure to state a claim.[9]&lt;p&gt;On February 16, 2012, the United States Court of Appeals for the Second Circuit heard oral argument on his appeal and, later that same day, unanimously ordered his conviction reversed and a judgment of acquittal entered, with opinion to follow.[10] Aleynikov was released from custody the next day.&lt;p&gt;On April 11, 2012, Dennis Jacobs, Chief Judge of the United States Court of Appeals, published a unanimous decision in a written opinion[10] stating:&lt;p&gt;On appeal, Aleynikov argues, inter alia, that his conduct did not constitute an offense under either statute. He argues that: [1] the source code was not a &amp;quot;stolen&amp;quot; &amp;quot;good&amp;quot; within the meaning of the NSPA, and [2] the source code was not “related to or included in a product that is produced for or placed in interstate or foreign commerce” within the meaning of the EEA. We agree, and reverse the judgment of the district court.[9]&lt;p&gt;In the course of these events, Aleynikov has spent 11 months in prison. Aleynikov has divorced, lost his savings, and his career is ruined.[11]&lt;p&gt;The government did not seek reconsideration of the Second Circuit&amp;#x27;s ruling, thus ending federal action against Aleynikov.[12]</text></item></parent_chain><comment><author>pmorici</author><text>If there are no consequences to wrongly prosecuting someone just to hassle them then wouldn&amp;#x27;t that encourage people like Goldman Sachs to use that tool to extract revenge on people?</text></comment>
<story><title>Excerpt from ‘Flash Boys’ about Serge Aleynikov and Goldman Sachs</title><url>http://cryptome.org/2014/04/goldman-sachs-code-thief.htm</url></story><parent_chain><item><author>dm2</author><text>I&amp;#x27;m guessing that there isn&amp;#x27;t any legal recourse (monetary) for him from Goldman Sachs and the FBI ruining his life.&lt;p&gt;Should there be?&lt;p&gt;Goldman Sachs had every right to request that he be prosecuted, but no matter how the case turned out, his life would be ruined. I don&amp;#x27;t know of a good solution to this issue, but it just seems very wrong. I&amp;#x27;m sure there have been countless instances of this happening though.&lt;p&gt;Maybe a good solution would be to lessen the penalties for this type of crime.&lt;p&gt;Maybe a legal requirement for a public apology and for the prosecutor to have to pay back legal costs? A portion of this restitution should come out of that courts budget or the department that perused the case without doing their due diligence.&lt;p&gt;Did Sergey sign something saying that he could never remove code from the building or use it in another project? I&amp;#x27;m not sure that it simply being company policy is enough, in my opinion.&lt;p&gt;Has anyone here ever taken code from one employer with the intent of using it again if needed, simply to save time and not having to duplicate research? Should you be considered a criminal for that? Should you have to pay back the time the company paid you to write that code?&lt;p&gt;It seems like the lessons are:&lt;p&gt;1) Don&amp;#x27;t talk to police, even if you did nothing wrong and they tell you they are on your side. Lawyer up.&lt;p&gt;2) Don&amp;#x27;t steal code, but if you do then encrypt it and put it on a portable media device. Uploading to a foreign SVN repository using the companies network wasn&amp;#x27;t very smart, don&amp;#x27;t do that.&lt;p&gt;3) Ensure that your employees know the company&amp;#x27;s policy on removing code from the premises. It seems pretty obvious but I believe that Sergey honestly didn&amp;#x27;t think he was doing anything wrong.</text></item><item><author>ntakasaki</author><text>Continuing the story from his Wiki page:&lt;p&gt;In March 2011, Aleynikov appealed the conviction, asking the Second Circuit to review the District Court&amp;#x27;s decision denying his original motion to dismiss the indictment for failure to state a claim.[9]&lt;p&gt;On February 16, 2012, the United States Court of Appeals for the Second Circuit heard oral argument on his appeal and, later that same day, unanimously ordered his conviction reversed and a judgment of acquittal entered, with opinion to follow.[10] Aleynikov was released from custody the next day.&lt;p&gt;On April 11, 2012, Dennis Jacobs, Chief Judge of the United States Court of Appeals, published a unanimous decision in a written opinion[10] stating:&lt;p&gt;On appeal, Aleynikov argues, inter alia, that his conduct did not constitute an offense under either statute. He argues that: [1] the source code was not a &amp;quot;stolen&amp;quot; &amp;quot;good&amp;quot; within the meaning of the NSPA, and [2] the source code was not “related to or included in a product that is produced for or placed in interstate or foreign commerce” within the meaning of the EEA. We agree, and reverse the judgment of the district court.[9]&lt;p&gt;In the course of these events, Aleynikov has spent 11 months in prison. Aleynikov has divorced, lost his savings, and his career is ruined.[11]&lt;p&gt;The government did not seek reconsideration of the Second Circuit&amp;#x27;s ruling, thus ending federal action against Aleynikov.[12]</text></item></parent_chain><comment><author>karmajunkie</author><text>Should there be recourse for facilitating malicious prosecution? It&amp;#x27;s a travesty if there isn&amp;#x27;t.</text></comment>