Thursday, August 30, 2007

Torrentspy must preserve data from 'RAM'

Torrentspy must preserve data from 'RAM'

Random Access Memory - The disadvantage of RAM over physically moving media is cost, and the loss of data when power is turned off. (http://en.wikipedia.org/wiki/RAM)

Curious of the storage of this information in RAM being moved to a physical log will violate the terms of service or licensing on the software being used as reverse engineering or some nonsense.

I really can't imagine how they will log information - the specific information wanted by the MPAA, namely IP addresses and keep that all separate from the normal instruction set loaded into memory. Interesting....

Legal woes mount for TorrentSpy | Tech News on ZDNet

Legal woes mount for TorrentSpy Tech News on ZDNet

It amazes me that these kinds of cases hold up in court. I believe that the legal system is so antiquated that it does not fully understand the technology. I do believe the lawers on both sides understand clearly what is and is not technically feasible as they use this technology to the fullest.

I see a couple of things here. First someone broke into a business system and reconfigured it to do something the organization didn't want it to do. The system was not like a telephone pole with signs stapled to it, there was a sense of some business privacy. Second this guy contacted a third party to create a contract to deliver goods that were obtained legally; and broke that contract by passing stolen goods. Third, the third party engaged in a contract knowingly to obtain information that would otherwise be questionably obtained, likely with the knowledge that it could not legally be obtained without a search of the company business system.

Lastly the court is ruling on such a wide and overreaching item as wiretapping that has been slugged out by the courts and shouldn't offer a ruling on that. If the defense went after wiretap as a defense it was shaky to begin with - now illegally obtaining the information - I think they could have gone down the route of breaking and entering or something of that nature.

Small to medium businesses should be shaking on these notes. It is not like the mail server was out for public consumption - the guy had to modify the system to redeliver email messages. Kind of like someone walking into a business, opening a file drawer, copying that information then doing something with the info. Unless the business knowingly let him in to do this work he was there illegally. This court has now said that if someone opens your file drawers with or without your knowledge and they copy your stuff because you left it in your file drawer, then they can do with it as they want. eeek.

I think that basic premise is where the court falls down on the issue. I believe that the appeal will be approved.