www.IRC-Junkie.org :: View topic - "It was a setup!" says MS code theft defendant

Asmo

William Genovese, 27 from Meriden, Conn. USA says he will be set as an example becuase they can not get the people who stole the code.

"They're using me as an example, to show if you do something like this, they're going to [work] you over. Why go after me? Why not go after the guy who took the code? Why not go after the guy who released it on the net?"

Genovese says the code was at that time all over IRC and p2p programs. He jokenly put on his site that anyone who wanted to have it could make a donation to his website.

According to Genovese it was a stranger who contacted him and wanted to know how much the code was going for. "I was laughing, because I thought it was somebody stupid who wanted it and didn't know how to download it." Eventually he paid 20$ for the code. In July the same man contacted him again and bought the code a second time.

"He emailed me again and said he had formatted his computer and basically he wanted to download the source again". As we reported two days ago, the first was actually a man hired in by Microsoft from a security firm, and the second a FBI agent.

Genovese is now being accused of violating the the 1996 Economic Espionage Act.

More information can be found at The Register.
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DragonFlu · Joined: 13 Nov 2004 Posts: 12

I dunno about the actual charge they are trying to bring against this person, HOWEVER, if he was STUPID enough to say well ill give it to you for a 20.00 donation..guess what he just sold something illegally...so he was wrong period and atleast deserves some kinda charge against.. and no im not a fan of microsoft....It's just to show you that you should not steal other peoples code then try to sell it off to others. Smile

DocQuixote · Posted: Sun Nov 14, 2004 2:59 am?? ?Post subject:

katsklaw · Posted: Sun Nov 14, 2004 3:28 am?? ?Post subject:

how is it entrapment? .. the law enforcement officers set up drug busts via buying drugs everyday.

Skip · Joined: 14 Nov 2004 Posts: 35 Location: Darwin, Australia

Asmo · Posted: Sun Nov 14, 2004 1:24 pm?? ?Post subject:

I guess he has a point if he says he will be set as an example. And becuase they did not get the actual thiefs he is in trouble.

I have to say that on the first articles in the press I got the impression that he got a lot of money for it. 20$ is indeed a bit of a joke. I am not saying he did nothing wrong, becuase he did, and he should get what he deserves, but if he will be set as an example for the theft at M$, then it is not going to be put in the correct perspective.
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codemastr · Joined: 27 Oct 2004 Posts: 23 Location: United States

Entrapment is tricky. If a cop walks up to you and says, "Can you sell me some drugs?" that is entrapment. If you walk up to a cop and say "Do you want to buy some drugs?" that is NOT entrapment.

So in this case, the guy posted a message on his site saying something like, "I'll sell you the MS source code for $20." Hence, he initiated the exchange, not the FBI. So in a sense, he offered to sell the source code to the FBI, the FBI did not ask him for it. So I would say that it is not entrapment.

Btw, just to keep this guy in perspective. He makes it like he is the victim here because it was only $20. But lets keep in mind, this guy isn't the innocent "guy next door." First, he runs a website that distributes hacking tools. Second, he has already been convicted of a computer crime. As the article says, in 2000, he was convicted of installing keyloggers on to private computer systems. So it's not like he was some nice guy who is being taken advantage of, he has a history of computer crime.
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DragonFlu · Joined: 13 Nov 2004 Posts: 12

here here codemastr

Asmo · Posted: Mon Nov 15, 2004 10:39 am?? ?Post subject:

I am not saying he is a good guy or not, and he doesnt deserve what he deserves, but to say punish him hard becuase he is a black hat anyway is a dangerous thing. Where do you draw borders then?
Some governments are making up their own 'rights' to do what they want anyway.
He is standing trial becuase code he found on the Internet he sold for 20$ at least twice. And he should be punished to the fullest extend for that. It would be unfair for him to be trailed as an example to everyone who has thoughts of stealing code.
In any case, this case got so much attention, I am sure he'll go bankrupt anyway becuase of lawyer costs.
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