Trespassing, almost if you take my signal and use it improperly or actively promote its improper use you get sued. Now the only answer is how deep are the pockets of Cornell University. Imagine if you will the example the NSA will make of Cornell's published works and theft of intellectual property. The Galileo people will get a lawyer and bring a case against Cornell and win big bucks claiming damages. Mark Psiaki needs to obtain the services of a lawyer because the university he works for will be seeking damages from his estate. Cornell will become the object of a government sponsored investigation and as an active promoter of the misuse of commercial property they will loose all their government funding.
Posted by som one at July 10, 2006 05:44 AMCornell's Attorney should have gone to a better law school and researched the lack of precedence in the property of encrypted transmissions and the improper use of the transmission. The breaking of the code was not the intended use, and the publishing expands upon the theft. Bad faith is bad faith and the implied fiduciary relationship of an academic institution has been violated. Commercially intended use by the creator of the system is a contract and precludes usage by academic institutions from publishing private findings that damage the properties value and its intended use. If Cornell has a problem with that tell them to stop joining in class action suits against corporations they own stock in. So Cornell is acting as if they can pick and choose the contracts they agree with and choose to violate. Th bad faith and the lack of prudence in the legal opinion warrants the attorney being barred from practice. Totally unsound advice.
Posted by no one at July 10, 2006 05:52 AMAccording to Paul Virilio, "Thus, for the US, GPS are a form of sovereignty! It is hardly surprising, then, that the EU has proposed its own GPS in order to be able to localise and to compete with the American GPS. As I have said before, sovereignty no longer resides in the territory itself, but in the control of the territory"
From an interview here ... 18-Oct-2000 http://cryptome.sabotage.org/virilio-rma.htm
I think that the story has philosophical implications of the type described by Virilio.
Posted by darren at July 10, 2006 06:20 AMFWIW, I think the Cornell team will get away with it but only because it is a prototype. If it had been the real thing then Galileo might have been forced to make it a test case. And Galileo likely would have won. As it is, I'd guess they will instead go for a quiet settlement which implies that Cornell agreed not to do it again, when the real one is installed.
Actually, this puts the Galileo team in a good position, with good use of crypto. It follows one of my emerging principles: "write one to throw away, you probably will anyway." Now they've got a solid lesson in what it's worth, at a very opportune time. You probably couldn't pay for that sort of help.
Posted by Iang at July 10, 2006 03:00 PM