British Police Accused of Stealing Software
judgecorp writes "The West Yorkshire police force is in the British High court today, accused of stealing intellectual property from a firm whose software decodes forensic data from mobile phones. Forensic Telecoms Services claims the force illegally used and sold copyright data from a commercial mobile phone forensics application it had been using in high profile cases."
They didn't steal anything, they only made a copy! Original owner still has his copy too!
they made it for personal use only, I bet they were not distributing this software...
Now there's a missed opportunity. Why wasn't the BSA involved in this? We would have had some major fireworks...
Ahh well, a guy can hope can't I?
The good being stolen here are not the lines of code, you are correct.
However, what copyright grants is the exclusivity to distribute. This is effectively stolen since whenever someone copies the stuff without your consent, you do not have the exclusivity anymore.
So, no, the lines of code were not stolen. But the excusivity to distribute was.
Misusing legal terms fro emotional appeal is the sort of thing Iran does, where it describes people who convert to Christianity as rapists, etc. just to feel good about punishing them. In free western countries we don't want "it is effectively theft", or "converting from slam is effectively rape", we want set crimes and laws that are defined in law books.
"The claim was filed at the end of May 2009 and accuses West Yorkshire Police of taking copyright data from Hex’s manuals to develop its own mobile phone forensics application. FTS says that these lists were the product of “extensive research within the R&D department” and had been continually updated since development of Hex began in 2003. FTS says that these lists are not available in the public domain."
At least in US, factual information is not covered by copyright (see yellow pages case). They didn't copy the software/code, they took factual information from the manuals and used it to implement their own version of software. They are not accused of copying code/binaries.
If there only were somekind of organisation or authority this could be reported to....
oh, wait..
According to TFA the police didn't copy the software, they only used its documentation:
“... accuses West Yorkshire Police of taking copyright data from Hex’s manuals to develop its own mobile phone forensics application.”
That looks like clean room design and should be perfectly legal.
Dave's not here, man...
Let's all say this together very slowly so we understand:
Copying is not theft
Of course, it won't take long before a defence lawyer lodges an appeal of conviction based on the police using forensic software that they were not licensed to use.
Didn't the UK adopt the infamous three-strikes policy?
The Police? Accused of stealing?
What's next? Accusing them of abusing suspects?
The three laws of thermodynamics:(1) You can't win. (2) You can't break even. (3) You can't even quit.