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Pirated Software Could Bring Down Predator Drones

Pickens writes "Fast Company reports that Massachusetts Superior Court Judge Margaret Hinkle will soon issue a decision on an intellectual property-related lawsuit that could ground the CIA's Predator drones. Intelligent Integration Systems (IISi) alleges that their Geospatial Toolkit and Extended SQL Toolkit were pirated by Massachusetts-based Netezza for use by a government client and is seeking an injunction that would halt the use of their two toolkits by Netezza for three years. The dispute goes back to when Netezza and IISi were former partners in a contract to develop software that would be used, among other purposes, for unmanned drones. IISi's suit claims that both the software package used by the CIA and the Netezza Spatial product were built using their intellectual property and according to statements made by IISi CEO Paul Davis, a favorable ruling in the injunction would revoke the CIA's license to use Geospatial. If IISi prevails in court this would either force the CIA to ground Predator drones or to break the law in their use of the pirated software. But there's more. Testimony given by an IISi executive to the court indicates that Netezza illegally and hastily reverse-engineered IISi's code to deliver a faulty version that could cause predator drones to miss their targets by as much as 40 feet. "

32 of 123 comments (clear)

  1. Sarah Connor? by Toe,+The · · Score: 3, Funny

    Did someone come back in time and start IISi in order to delay the deployment of Skynet by a few years?

    Brilliant!

  2. Eminent Domain by thorgil · · Score: 4, Insightful

    If the CIA really needs the IP, they could just declare it as eminent domain. Problem solved.

    --
    Warning: This sig contains a small bug. ==> *
    1. Re:Eminent Domain by WrongSizeGlass · · Score: 2, Funny

      If the CIA really needs the IP, they could just declare it as eminent domain. Problem solved.

      Maybe IISi could license the software to the CIA? Surely a government contract is worth a pretty penny (especially in this situation). On the flip side, if IISi's headquarters is accidentally hit by a drone using the pirated software it would be just a tad ironic (the CIA could just cliam the software was trying to get home while in 'homing pigeon' mode).

    2. Re:Eminent Domain by Dunbal · · Score: 4, Insightful

      You still need to pay for eminent domain. If you want to maintain the appearance of being a "free country", at any rate.

      --
      Seven puppies were harmed during the making of this post.
    3. Re:Eminent Domain by thorgil · · Score: 4, Insightful

      Just declare the IP a state secret. The market value is then zero, as the company cant sell it legally. Buy it from the company for 1 cent. Then classify the contract as top secret. If the company complains, send the people to jail or gitmo.

      --
      Warning: This sig contains a small bug. ==> *
    4. Re:Eminent Domain by slashqwerty · · Score: 2, Interesting

      The preditors will not have to stop flying based on a ruling that the intellectual property of IISI was stolen. See the last clause of the fifth amendment to our Constitution: "nor shall private property be taken for public use without just compensation." This means the CIA doesn't need a license, it just needs to be willing to pay just compensation.

      You're going by the assumption that intellectual rights are property. If the government uses someone's software they are not 'taking' it away from the owner. The government could just as well revoke the copyright (granted for "limited times") as buy the software outright. I challenge you to use your legal skills and resources to find a precedent that takes copyright via eminent domain.

    5. Re:Eminent Domain by betterunixthanunix · · Score: 2, Interesting

      Perhaps the courts don't mind confusing terminology? Personally, I agree, the term "intellectual property" should be abolished entirely -- it creates too much confusion between copyrights, patents, trademarks, trade secrets, and real property.

      --
      Palm trees and 8
    6. Re:Eminent Domain by Richard_at_work · · Score: 3, Funny

      I take it you went down the road of 'screw appearances' :)

    7. Re:Eminent Domain by TheCarp · · Score: 2, Insightful

      ahahah the CIA... obey laws? ROTFL they are little more than a criminal gang. Legalities didn't stop them from testing aersolized LSD on a small town in france. It didn't stop them from hiring prostitutes to slip LSD to johns in NYC to study their reactions. It didn't stop them from importing cocaine in the 80s, or illegally funneling weapons (against the decisions of congress), it didn't stop them from kidnapping, or torture.....

      Now ... copyright is going to stop them. Sure it is.

      -Steve

      --
      "I opened my eyes, and everything went dark again"
    8. Re:Eminent Domain by Anonymous Coward · · Score: 2, Funny

      Pretty sure that's Cheney, actually.

    9. Re:Eminent Domain by Thud457 · · Score: 2, Interesting

      Promis me you won't make slurs like that against the Justice department again.

      --

      the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff

    10. Re:Eminent Domain by rtb61 · · Score: 3, Interesting

      Too late secrets out, "The identity of the person whose cell phone signal has moved from one tower to another, according to IISi's court filings. Such techniques - quickly combining intelligence with live mobile phone surveillance from the air - are reportedly central to the CIA's targeting of missile strikes by unmanned aircraft" http://www.theregister.co.uk/2010/09/24/cia_netezza/. See proof positive that using a mobile phone or allowing someone to use it near could get you killed ;D.

      New terrorist weapon of choice planting a mobile phone from a dodgy account on your enemies (or one that's had naughty voices picked up via filtering and analysis). Personally I think that is really dodgy data to base mass murdering a group of people without trial or review of evidence, really dodgy, borrow someone's phone to make a call and it gets your family killed, there is some really callously indifferent decision making going on at the CIA.

      --
      Chaos - everything, everywhere, everywhen
    11. Re:Eminent Domain by TheCarp · · Score: 2, Insightful

      Or they could use a front company to buy this company out and kill the whole suit. Why use taxpayer money when they can use money from one of their front operations, or other "off budget" stuff. One would assume that they still get a piece of cocaine shipments here and there. Or illegal arms sales. The CIA has never exactly been sticklers for the rules.

      -Steve

      --
      "I opened my eyes, and everything went dark again"
    12. Re:Eminent Domain by b4upoo · · Score: 2, Interesting

      Actually there is a bit of relevant history. Certain encryption programs have been declared "munitions" in the past. The purpose was to keep those programs from being exported. But the same laws could be used to keep drone guidance programs from being sold to anyone but the US government and perhaps even grant seizure powers such that the government gets all the existing software for free.
                                Also it would be very, very difficult to get any data about the military using that software so if the creators of that software are told the military suddenly no longer uses the software they would be forced to toddle off hat in hand.
                                Frankly with the RC hobby as active as it is I'll bet there are quite a few pretty good guidance programs almost ready to use as it is.

  3. Linux? by Anonymous Coward · · Score: 4, Funny

    Predator drones should use only open source software created by the community at large...

    so all of us can help contribute to their accuracy and make sure they kill the right people...

    Uhh.... wait... what?

    1. Re:Linux? by TheRaven64 · · Score: 5, Insightful

      Created by the community, maybe not. Free Software? Definitely. The buyer (in this case, the DoD) absolutely should require the FSF's four freedoms for any code that they buy. If they can't audit the code, fix bugs, or deploy modified versions, they are selling national security to commercial interests. If they can't get another company to come in and maintain the software or use it in the next generation, then they are locked in to a single supplier.

      --
      I am TheRaven on Soylent News
    2. Re:Linux? by iamhassi · · Score: 3, Funny

      General: that screwball?! What's Bruce Willis doing? He played a general in Red, see if he's available.

      --
      my karma will be here long after I'm gone
    3. Re:Linux? by AtomicOrange · · Score: 3, Funny

      Enjoy the FBI tracking device...

      --
      "What is there a tank on the boat? WHY IS THERE A TANK ON THE BOAT?!?" L4D2
  4. The CIA might need to break the law?!?!? by bistromath007 · · Score: 2, Funny

    Oh nooooooooo. :|

  5. Bad headline by sunderland56 · · Score: 4, Insightful

    "Take down" and "prevent from flying due to a legal injuction" are not synonyms.

    1. Re:Bad headline by mapkinase · · Score: 3, Insightful

      They are synonymous for Afghan peasants and Pakistani merchants in NWFP.

      They are not synonymous for Mujahedeen: there is no reward if they are taken down because your Kafkaesque system stumbled upon itself.

      --
      I do not believe in karma. "Funny"=-6. Do good and forbid evil. Yours, Oft-Offtopic Flamebaiting Troll.
    2. Re:Bad headline by WrongSizeGlass · · Score: 3, Funny

      Bat Boy Involved In Predator Drone Takedown! *



      * a former bat boy for the Boston Red Sox was one of the law clerks who made copies of the lawsuit before it was submitted to the MA courts.

  6. At least.. by airfoobar · · Score: 3, Insightful

    This is what copyright law was intended for, not for going after high-school students and grandmas.

    1. Re:At least.. by mea37 · · Score: 3, Interesting

      I'm curious why you think a law's intent includes a list of those against whom it may be used. Have you not heard the phrase "equal in the eyes of the law?"

    2. Re:At least.. by amoeba1911 · · Score: 2, Insightful

      Copyright law is being abused by copyright holders. The damn law wasn't intended to be "forever minus a day", it was supposed to be for limited time. It protected the non-functional creations for about 2 decades, after that it was public domain - anyone could use it, sell it, buy it, modify it, make other crap based on it after that.

      What happened to copyright now? They violated it so much that, it never expires! Does none of the things it was intended to do, and is in fact used against the very people it was supposed to protect.

      So, yes: copyright law is being abused.

  7. Hearts and Minds... by Apocryphon · · Score: 3, Interesting

    This may be a rare case in which a narrow ruling (e.g., on an IP scuffle) might just have the ability to affect broader policy and policy debate - on at least two important fronts, to boot. Indeed, this is likely why this particular case made it all the way to a state Supreme Court in the first place - replace "drones" with any other disruptive technology and this action likely never gets the traction to do so.

    Obviously, by "Hearts & Minds," I was attempting to evoke the cost of drone-deployment in combat zones, which are many, i.e.,10 civilians killed for each "militant" in these "targeted killings" alone (Brookings - 2009), wherein this sort of murdering of civilians has made the United States' combat efforts so much more difficult and extensive as each of those ten civilians' friends and family are each pushed marginally closer to becoming an "enemy combatant" themselves....

    But the "Hearts and Minds" of Americans are at stake too, and not only because the question, "How long until we bring UAVs home for domestic 'policing'?" might very well frighten a broad swath of the U.S. political spectrum.

    The hearts and minds of Americans, saturated by war coverage and often passionate in one way or another, may also be incidentally opened to:
    - The costs and consequences of current intellectual property law;
    - The ubiquity of unscrutinized "black box" software systems running the complicated machinery that runs our lives - runaway Toyatas, meet runaway Drones;
    - The extent of the government's ability to quickly circumvent the Codes and laws that hinder individuals and corporations alike.

    Of course, TFA says "some sort of face-saving resolution" is most likely, but, one might hope that the passion that Americans' seem to harbor about their war effort might trickle over into other issues that ./ spends much time debating to, again, even if only marginally, raise those issues' profile in Americans' consciousness.

    At least, that is, before the next news cycle.

  8. What sort of Imaginary Property? by Rogerborg · · Score: 2, Interesting

    Patents, trademarks, copyrights, contracts, trade secrets?

    I ask because the obvious interpretation, that it's a copyright claim, might not be so black and white.

    The claim appears to be that the software was reverse engineered and then modified, which would make the resultant system a derivative work with significant transformation. As anyone who's actually reverse engineered a non-trivial binary will tell you, whatever you get to compile in the end will pretty much be an "influenced by" ground up re-write.

    And since copyright only covers the particular expression of an idea, not the idea itself, this might turn into a pretty entertaining bun fight.

    --
    If you were blocking sigs, you wouldn't have to read this.
  9. Re:Predator Drones aren't very accurate anyway by kevinNCSU · · Score: 3, Insightful

    Yea, we should scrap them and go back to B-17's. 100% of the ordinance they dropped hit their intended targets. Course it's pretty hard to miss the ground...

    In all seriousness though, you're aiming a missile at a spot on the ground and you have a flying video camera that can stick around. It's not very hard to figure out if you hit the spot on the ground you were aiming at. Anything beyond that is a target selection/ordinance effectiveness issue and would have absolutely nothing to do with the predator software, pirated or not. In addition, I'm not that well versed with the predator company, but they just make the plane right? If that's the case if whatever ordinance it's carrying detaches from the mount correctly it's done it's job. Wouldn't the missile guidance/software belong to whatever company manufactures the missile?

  10. Re:The lawsuit was dropped... by nedlohs · · Score: 2, Funny

    Hit 40 feet left of their buildings you mean.

  11. old story by nten · · Score: 4, Interesting

    The Reg had this a few weeks back. If the plane tells a bomb/missile the wrong coordinates it would be the plane at fault. Netazza didn't have permission to port the code, but they did tell the CIA about the potential error they had introduced by their unauthorized port from ppc to x86. The CIA said "we can accept that" probably while mumbling something about horseshoes, hand-grenades, and hellfires. The CIA later said "actually we think the discrepancy is an indication of inaccuracy in the *previous* system." Which if you think about it seems more likely in that the x86 has larger fpu registers than the ppc, but either way the customer knew about the defects of the sold software. They probably didn't know that it was violating a contract between the provider and its subcontractor.

    --
    refactor the law, its bloated, confusing and unmaintainable.
  12. Break the law?? The CIA?? by countertrolling · · Score: 2, Informative

    Never!

    --
    For justice, we must go to Don Corleone
  13. Slightly OT by TheVelvetFlamebait · · Score: 4, Insightful

    Physical property is just as imaginary as intellectual property. Physical possession is not, but property is. If someone robs you of a possession, the only thing that connects you to that object is a bunch of legal mumbo jumbo, similar to the legal mumbo jumbo which makes up intellectual property. The main difference? Everyone is now used to physical property, since we've had a few odd centuries to become accustomed to it.

    --
    You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.