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About legality of usage of unlicensed forensics tool

Discussion of legislation relating to computer forensics.
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Do you use unlicensed programme?

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Total Votes: 24

  

Re: About legality of usage of unlicensed forensics tool

Post Posted: Mon Dec 17, 2018 10:14 am

I understand the humor in that perception, but I believe that we do a grave disservice to those trying to enter the forensic field when we advocate or imply that breaking laws is OK.

I cannot imagine any college program that is teaching this field is telling students that pirating software, especially digital forensics software they will be using in their jobs, is OK if they cannot afford it, or because it "is not really stealing" because information (software) should be free.

Imagine an attorney explaining to a judge that they hired a digital forensic examiner who used pirated and cracked software because the examiner (1) couldn't afford buying it or (2) doesn't believe in software legal agreements are lawful, and (3) even though the software is broken, it still works good enough to analyze evidence that can put someone in prison.

There is a solid legal line between "digital forensics examiner" and software pirate, with no light in between.  

bshavers
Senior Member
 
 
  

Re: About legality of usage of unlicensed forensics tool

Post Posted: Mon Dec 17, 2018 11:26 am

- jaclaz
- bshavers

1-Pirating is illegal (it is a crime, because it is stolen software).


Technically piracy is not theft:


Wink

jaclaz


Oooh, confuse that one slightly more in certain areas of the UK ...

Theft in Scottish Law is defined as ‘the taking or appropriating the property of another without the true owner’s consent and with the intent to deprive the owner of that property.’


As there is no intent to deprive the owner of the property, software piracy isn't theft by a legal definition !

Anyhoo, we digress ...
_________________
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Azrael
-- 

azrael
Senior Member
 
 
  

Re: About legality of usage of unlicensed forensics tool

Post Posted: Mon Dec 17, 2018 11:33 am

- bshavers
I understand the humor in that perception, but I believe that we do a grave disservice to those trying to enter the forensic field when we advocate or imply that breaking laws is OK.


Sure Smile , as a matter of fact what I implied in my earlier posts was that in a forensic career not only piracy is illegal, it is also essentially stupid.

jaclaz
_________________
- In theory there is no difference between theory and practice, but in practice there is. - 

jaclaz
Senior Member
 
 
  

Re: About legality of usage of unlicensed forensics tool

Post Posted: Mon Dec 17, 2018 12:12 pm

- cs2018
You know forensics tools are very expensive. I am new in this field and I can not afford to buy them at the moment. However there are some forensics tools around whose dongles are emulated or which are cracked.

I know it is illegal to emulate dongles or crack but my question is a bit different.

As I am newcomer to forensics field I wonder if the courts interrogate used programmes for reports are licensed or not.
Must I refrain to use such programmes or not?

Regards


"However there are some forensics tools around whose dongles are emulated or which are cracked."
You are implying that since someone left their door unlocked, you can legally walk in and take what you want, just because it is there.

"I know it is illegal to emulate dongles or crack but my question is a bit different."
As you know it is "illegal", it appears as if you are asking permission to break laws.

"As I am newcomer to forensics field I wonder if the courts interrogate used programmes for reports are licensed or not."
Yes. Not every time. But yes. Anytime and sometimes. I always recommend to any attorney that hires me to have EULA questions be one of the first questions asked of the opposing expert, for as sure as a witness testifies personally to violating laws, the evidence validity and the witness's credibility just tanked.

"Must I refrain to use such programmes or not?"
Abide by the End User Licensing Agreements of the software you use. This should not even be a question.  

bshavers
Senior Member
 
 
  

Re: About legality of usage of unlicensed forensics tool

Post Posted: Mon Dec 17, 2018 1:34 pm

- bshavers

"However there are some forensics tools around whose dongles are emulated or which are cracked."
You are implying that since someone left their door unlocked, you can legally walk in and take what you want, just because it is there.


Actually no. Shocked

A valid comparison would be that "someone actually locked his door very safely but someone else made a copy without being authorized of the key to the lock and that you managed, after having looked for this copy of the key in several places, found it and used it to open the locked door and take what you want once the door has been opened".

Your example describes a "crime of opportunity", the above is that of a crime with (a lot of) premeditation.

jaclaz
_________________
- In theory there is no difference between theory and practice, but in practice there is. - 

jaclaz
Senior Member
 
 
  

Re: About legality of usage of unlicensed forensics tool

Post Posted: Mon Dec 17, 2018 1:38 pm

That's actually much better than my example Smile  

bshavers
Senior Member
 
 

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