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Re: Illegal Posting of System Codes



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Michael A. Mermer, CTA wrote:

> Dear "Andy":
>
> Posting of hacked TradeStation System codes is illegal.
>
> Since you decided to wrongfully post codes of several copyrighted Omega
> Research Solution Provider’s Systems, copies YOUR postings in the Omega
> List Digest are being forwarded to the FBI for investigation.
>
> Perhaps when you are in jail for 20 years for multiple US Copyright
> Violations if found liable, you will have time to write your own system and
> indicators.

This sounds like a scare tactic to me.  While copyright infringement probably
exists in this case, I cannot see how this would constitute a criminal act.
The Copyright Act states:

Sect. 506. Criminal offenses

(a) Criminal infringement.

Any person who infringes a copyright willfully and for purposes of commercial
advantage or private financial gain shall be punished as
provided in section 2319 of title 18 [18 USCS Sect. 2319].

Since there was no financial gain from this infringement, criminal infringement
would not be present, although one may be still be subject to civil liability
($$$, but not jail).

Regards,
A.J.