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Perl's Chip Salzenberg Sued, Home Raided

Chip Salzenberg writes "In April of this year, Health Market Science of King of Prussia, PA, told police that they feared I was misappropriating trade secrets. That very afternoon, police raided my house with a search warrant to seize every computer in the house, paper files, CDs, and DVDs... even my wireless router and cable modem!" Chip was the pumpking for perl's 5.004 release. Keep reading for his description of his current legal troubles, and for a shortcut into what he says prompted his former company's actions, read his letter warning about abuse of open proxies.

Chip continues: "The key evidence in the search warrant was so ridiculous as to be surreal: CVS logs indicating that I downloaded more than I uploaded, and that I sometimes accessed the company network from home. Apparently, for company management, the police, and a judge, working at home through a gateway the company set up for that very purpose, and refraining from editing every source file for every code change, is a sign of nefarious behavior.

My behavior in accessing the company network was entirely within my job description and in no way involved misappropriation of anything. For the more than two years that I worked at HMS, I used ssh and CVS to access company files with my laptop both from work and home, with management knowledge and approval.

What would lead management to such a sudden action? Days beforehand, I had made an internal report of unethical and apparently illegal behavior by the company: Use of open proxies for web harvesting to avoid blockage by web site operators. HMS apparently decided that working with me to address their use of open proxies was not an option.

Health Market Science is a large corporation with, compared to me, effectively infinite resources. My legal bills have topped $40K already over just two months. If HMS succeeds in tarring me with their false accusations, what's to stop your employer or client from doing the same to you, should your relationship sour?

Friends have set up GeeksUnite.net, an informational web site and Legal Defense Fund. The site includes the search warrant, my letter about open proxy abuse, and court documents.

Please contribute to my Defense Fund to fight this attack on the normal and legal work practices of millions of tech workers. Every little bit counts! If every person who visits the site contributes only ten dollars, that will make a huge difference. Only through community effort can we protect ourselves."

3 of 698 comments (clear)

  1. Re:I'm the pimpking for our product! by ReverendHoss · · Score: 5, Informative

    The person in charge of maintaining the Perl code used to have (still has?) a stuffed pumpkin they used to pass around. Project manager is a good parallel.

  2. Time line of events by cursion · · Score: 5, Informative
    Pulled this off the site ...

    June 21, 2005 Intervener's Too Late? - DA Gives Away Computers Early. Company Already Imaging.

    June 20, 2005 Emergency Stays Filed by All Parties - In an Attempt to Keep Property from falling into the Wrong Hands

    June 17, 2005 Judge Awards Personal Property to Company - Admits to NOT Reading Salzenberg's Opposition.

    June 16, 2005 Company Runs Interference - Files Motion to Intercept Released Computers Contrary to the May 2, Order and the "Return of Property" laws.

    June 6, 2005 DA Drops Criminal Investigation - Annouces Return of the Seized Property to Salzenberg.

    May 2, 2005 Company Agrees Not to Enforce Exparte Orders - Property to be Returned to Salzenberg unless another motion is filed.

    April 26, 2005 Company files Exparte - Receives orders to intercept equipment from police to start imaging.

    April 25, 2005 Salzenberg receives back dated letter from company "accepting his resignation"

    April 21, 2005 Salenberg's Property Seized within hours of police report made by CEO.

    April 20, 2005 Salzenberg and CEO exchange emails and faxes in an attempt to negotiate a face to face conversation. CEO finally gives the OK to Salzenberg bringing an attorney with him.

    April 19, 2005 Salzenberg sends compliance letter to CEO. Salzenberg also sends follow up message to COO that he has "not resigned". CEO immediately locks Salzenberg out of company email and network.

    April 18, 2005 Another employee leaves company after voicing compliance issues.

    --
    remember when it was {of|for|by} the people?
    1. Re:Time line of events by Lew+Payne · · Score: 5, Informative

      Judging from the Company's actions, if Salzenberg wants to litigate the matter of the return of
      his personal property in an expeditious manner, he should seek out a criminal law attorney and file a
      Jencks motion for the return of said property. It will be heard by a different Judge, and he'll be able
      to show the Company's prejudicial actions. I had to file same to have the FBI return my property to
      me, and (though expensive) it worked like a charm.

      Here's a link to a Jencks Motion for the return of property.