The Ethics of Source Code Theft

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Introduction

Source code is the lifeblood of all high tech software organizations. If it falls into the wrong hands, a company will very likely experience damagingly costly repercussions. As a result, most tech companies invest a relatively large chunk of their revenues into network security.

Why do people pirate software? The obvious answer is: people want to use the software, but not pay for it. However, when we change the question slightly, to: “Why do people steal source code?” A variety of interesting answers can pop up. Possibly, the thief wants to modify the code, make copies of it, and proceed to sell it as his own creation -- for a profit. Or, perhaps the perpetrator is a raging open source advocate and he simply wants to examine the stolen code to improve his programming skills. As harmless as the latter may sound, it is still a clearly defined crime in virtually every hi-tech country in the world.1

Flat Out Stealing: Windows XP Operating System Code

News of source code theft jolted the software industry on February 12, 2004.2 Cyber criminals had stolen source code from Windows 2000 and Windows NT4.0. Windows 2000 and NT are the platforms on which the widely used home operating system of today, Windows XP, is based on. Luckily, only a small portion of code was stolen. Not nearly enough to build the entire Windows operating system. Through the use of peer-to-peer networking, the code was distributed in an underground hacker network. Eventually the source was spread onto public-access web sites, by which Microsoft confirmed the code was, indeed, real Windows code.

The potential risks of windows source code leakage are medium to high. The risk that people will use the source code to develop a product to compete against Windows XP is minimal. The probability for piracy, using the stolen source code, is very low as well. There is simply not enough code to complete the operating system with. The biggest concern is that hackers will be able to find vulnerabilities much more easily in the operating system by simply analyzing, modifying, and testing the source code.

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