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by cargo8 3245 days ago
If I write open source code for research, share it with the community, and someone wants to license it for "further research" and pays me – am I responsible if their adapted software is then used / stolen / re-applied to kill people or hack a bank?

In this scenario I both wrote and explicitly sold the software with no idea of what the later applied tech would do. The computer laws referenced in the article seem to require direct knowledge of malicious intent of the software in the sale.

2 comments

If you know the person licensing it from you is going to use it to steal financial information, and the clear purpose of the tool you've built is to steal financial information, then I would say you should definitely make sure you have a criminal defense lawyer you trust and can afford.
I don't think anyone would disagree with what you just said, but given the way prosecutors deal with "intent" sometimes, I think it would be easy for them to cross a line.

If you haven't already, listen to this podcast about Doug Williams and polygraphs: https://www.thisamericanlife.org/radio-archives/episode/618/...

There's a lot of parallels and how issues of intent can get very grey.

They're required to prove intent at trial.
As I understand it this is the crux of the case - that the creation of such software isn't illegal, but sale with the intent to be used in the commission of a crime is. I understand the indictment is pretty barebones, so I wonder what exactly they are basing their allegations of intent on.
honest question: if your code is open source, why would someone pay you for further research? why would you charge for that?
I was being a bit of a devil's advocate, altho didn't quite get the responses I hoped for. I suppose I didn't phrase it quite right since I don't have significant knowledge about this case other than the article.

It seems like the arrest is a bit aggressive, but so is the response – clearly out of fear and uncertainty of the govt and general time we live in. Hopefully more transparency will bring light to the allegations and reassure the innocent of their safety