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Court Rules Software Not Protected By Fed Crime Laws, Overturns Conviction of Goldman Engineer
Tech Crunch ^ | April 14, 2012 | By Daniel McKenzie

Posted on 04/14/2012 9:55:59 PM PDT by Brad from Tennessee

Before leaving Goldman Sachs to earn a millionaire’s salary with Chicago High Frequency Trading (HFT) startup Teza Technologies, Sergey Aleynikov made one last transaction. At 5:20pm on his last day, just before his going-away party, Aleynikov uploaded 500,000 lines of encrypted source code from the Wall Street firm’s proprietary HFT system to a server located in Germany. Following the clandestine upload, Aleynikov deleted the encryption program, wiped his command history, and headed to the party.

Although Aleynikov later managed to download the source code to his home computer in New Jersy before flying to Chicago, he was apprehended by the FBI while returning through Newark Liberty International Airport.

But after his conviction at trial and imprisonment during the appeals process (his dual US-Russian citizenship presented a flight risk), Aleynikov is now a free man.

The reasons why touch the entire software industry. . .

(Excerpt) Read more at techcrunch.com ...


TOPICS: Extended News
KEYWORDS: espionage; goldmansachs; hft; software
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1 posted on 04/14/2012 9:56:04 PM PDT by Brad from Tennessee
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To: Brad from Tennessee

ping


2 posted on 04/14/2012 10:12:27 PM PDT by razorback-bert (Some days it's not worth chewing through the straps.)
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To: Brad from Tennessee

Oops!......


3 posted on 04/14/2012 10:12:27 PM PDT by Red Badger (Think logically. Act normally.................)
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To: Brad from Tennessee; ShadowAce

Tech ping!......


4 posted on 04/14/2012 10:19:01 PM PDT by Red Badger (Think logically. Act normally.................)
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To: Brad from Tennessee

A small time Thief stealing from Big time Thieves. What to do.

HFT is Theft....Plain and simple.


5 posted on 04/14/2012 10:25:10 PM PDT by Revel
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To: Brad from Tennessee

The Chinese spies are gonna be on this like white on rice. It looks like one of the important points is that the software was for in-house use and not a product for sale on its own. There’s a lot of software in any high-tech company, whether it’s a chip designer or an internet start-up, that’s only for internal use.


6 posted on 04/14/2012 10:28:33 PM PDT by jiggyboy (Ten percent of poll respondents are either lying or insane)
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To: Revel

In what way is trading theft?


7 posted on 04/14/2012 10:38:34 PM PDT by USFRIENDINVICTORIA
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To: USFRIENDINVICTORIA

HFT is indeed theft, here are some links from zerohedge.com that give the basics of the practice and why it is a crime against business, the stock market, and the individual:

http://www.google.com/search?q=hft+site%3Azerohedge.com&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:en-US:official&client=firefox-a


8 posted on 04/14/2012 10:45:04 PM PDT by jiggyboy (Ten percent of poll respondents are either lying or insane)
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To: Brad from Tennessee
Nor could Aleynikov be punished under the Economic Espionage Act (“EEA”), the court concluded, because the HFT source code was not a product that was “produced for” or “placed in” interstate commerce, as required under the EEA. Goldman Sachs planned to keep the HFT source code secret, having no intention to sell or license it to anyone in the market.

That is an extremely narrow viewpoint. Companies rarely sell or provide their source code. This ruling would seem to open the door to pulling source code for anything, even delivered products. Why? Because the source code - generally just text files on a computer - is rarely if ever delivered. Instead, source code is typically processed through a program called a compiler where it is turned into a stream of instructions for the particular computer it will be running on. (eg. windows based PC, or Mac OS/X PC, Android device, etc.) Source isn't delivered, executable binaries are delivered.

If you don't believe that reasoning, if you take the (reasonable) view that the source is well, the source of the delivered product... Then why this decision? Are not tools that enable the development, compilation, and delivery of the binaries, the delivered product, also protected? This is a tough spot here. Where do you draw the line on delivered/licensed/sold product and that which brings it to market?

9 posted on 04/14/2012 10:46:16 PM PDT by ThunderSleeps (Stop obama now! Stop the hussein - insane agenda!)
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To: USFRIENDINVICTORIA
How convenient that you left out the High Frequency part.

The part where they jump in front of everyone Else's trades before they are placed and steal a part of those other peoples trades right off the top. Yes- that is Theft!

10 posted on 04/14/2012 10:50:03 PM PDT by Revel
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To: jiggyboy; Revel

Thanks to both of you for the explanations. However, I must point out that, so far at least, no government regulator seems to consider HFT to be a crime.


11 posted on 04/14/2012 10:53:30 PM PDT by USFRIENDINVICTORIA
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To: USFRIENDINVICTORIA

Indeed. Kinda like the SEC never thought what Bernie Madoff was doing was a crime.

I’m pretty sure you’re trolling.


12 posted on 04/14/2012 11:03:29 PM PDT by jiggyboy (Ten percent of poll respondents are either lying or insane)
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To: ThunderSleeps
As I remember, the patent for this software is in Aleynikov’s name though it is owned by Goldman. The program is connected to banks of telephone switches for rapid trading. This appears to be industrial espionage but it falls through legal cracks. Goldman's lobbyists are probably working on an amendment to the federal statute.

http://blogs.findlaw.com/second_circuit/2012/04/second-cir-explains-sergey-aleynikov-source-code-theft-reversal.html

13 posted on 04/14/2012 11:26:09 PM PDT by Brad from Tennessee (A politician can't give you anything he hasn't first stolen from you.)
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To: Revel

What defines high frequency?

If I trade 1 hour before you, is that ok?

How about 1 minute? 1 Second? Millisecond? Nanosecond?


14 posted on 04/14/2012 11:34:49 PM PDT by MV=PY (The Magic Question: Who's paying for it?)
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To: jiggyboy; USFRIENDINVICTORIA

I agree that HFT is theft, it may be legalized but it still is... I also have a ‘beef’ with the Market-makers who control where a stocks value goes rather than letting the market decide impersonally.

I’ve been watching a stock lately that has 20 Million shorts against it and the market maker consistently manipulates it to keep the value of the stock from rising. It just one of the reasons why I no longer actively trade. I bought some long term holding and an just going to hold them for a few years.

Maybe it’s not the smartest strategy, but I no longer want to pay fees to brokers that are intent on thrashing the stack market to death.


15 posted on 04/15/2012 4:47:46 AM PDT by The Working Man
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To: USFRIENDINVICTORIA
Thanks to both of you for the explanations. However, I must point out that, so far at least, no government regulator seems to consider HFT to be a crime.

The don't seem to consider crony-eminent domain a crime either.

16 posted on 04/15/2012 6:48:18 AM PDT by E. Pluribus Unum (For every black person murdered by a white, thirty-nine white people are murdered by blacks.)
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To: rdb3; Calvinist_Dark_Lord; Salo; JosephW; Only1choice____Freedom; amigatec; stylin_geek; ...

17 posted on 04/15/2012 7:10:04 AM PDT by ShadowAce (Linux -- The Ultimate Windows Service Pack)
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To: USFRIENDINVICTORIA

“Thanks to both of you for the explanations. However, I must point out that, so far at least, no government regulator seems to consider HFT to be a crime.”

Don’t you know? The regulators are all people who came from places like Goldman Sachs. I am not making that up. It is true and can be verified. Even Ben came from Goldman Sachs. And Turbo tax cheat Timmy(The treasury Secretary) Came from the NY FED, Where he was Good buddies with JPM.

It is a revolving door between the government regulatory agencies and the investment banks. When they leave the SEC or any place like it then they are usually rewarded with a Job back at the banks.

And Congress, The president, Ect... Get millions and Billions in “Contributions” from the big banks. With a system like that then who is going to regulate you.

As a side note. I just found out something new. Timmy is another one that grew up in foreign countries.


18 posted on 04/15/2012 10:13:46 AM PDT by Revel
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To: MV=PY

You don’t get it. There computers are set up to “PEEK” before the other peoples trades are ever actually executed. And then after they peek then they can still place a trade before you that is based on what your trade is going to be.

It is no Different than in poker when you have a way to see the other guys cards before you place your bet.


19 posted on 04/15/2012 10:17:20 AM PDT by Revel
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To: jiggyboy

Member since April, 2005.

Read my postings of 71 threads, and 10,277 replies (10,278 now); and then tell me how I’m trolling.


20 posted on 04/15/2012 11:11:04 AM PDT by USFRIENDINVICTORIA
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