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Re: Schwartz VS. Intel

[Disclaimers up front:  I work for Intel, but this is private opinion and
completely separate from any connection with Intel (hence posted from
Teleport, etc.).]

In <3u3abi$rp8@linda.teleport.com> jrp@teleport.com (Joshua R. Poulson) writes:
>occurence with other things. It lends credence to the David and
>Goliath ploy, too.

There's a problem with the subject line of this thread and with the whole
"David and Goliath" argument.  I don't think it's "Intel v Schwartz" at all;
from my understanding, the charges are criminal rather than civil.  That
makes it "the people of the State of Oregon v Schwartz" or something along
those lines (I'm neither a lawyer nor a jurisprudential expert, so I won't
guess as to the exact wording of the case name).

This is a subtle difference, but it means a quite a lot.  First, a District
Attorney (or other government employee) will be the prosecutor.  Were I
being charged, I'd much prefer that than the highly-paid infinitely-
resourced super-sharp legal beagles of a big corporation.  While Intel
employees (and/or ex-Intel employees) may be subpoenaed to testify and may
provide "technical backup" for the prosecutor (as the Oregonian article
hints), it will still be the State bringing the case.  Second, a grand jury
decided that the deed was worth indictment (per an Oregonian article some
months ago).  That may say more about the quality of grand juries than
anything else, but it's hardly "huge company stomping on the little guy."

Regardless of what Randal did, what the law proscribes, and whether he's
convicted (all of which are interdependent but not necessarily logically
connected), perhaps this trial will make people more aware of the "computer
crime" statutes and we can then consider whether they're appropriately
defined, appropriately strict, etc.

[Because of the trickiness and intricacies of the modern legal system, I'll
reiterate that my opinions are completely separate from corporate Intel and
the facts on which they're based are publically available.  That I have to 
disclaim this at all (let alone twice) saddens me.]

Rob
--
Rob Knauerhase   [knauer@teleport.com]
  "It would be quite possible to control a distant computer by means of
   a telephone line." -- Alan Turing, 1947
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