Recipient of Stolen Laptop Able to Sue Absolute Software for Capturing Nude Photos

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Typo91

Maybe the thief didn't care, or know, but you'd think nowadays that kind of software would be common knowledge.

I mean if I was going to 5-finger a laptop, I would re-partition/install the OS.Just saying...

oh yea, and just my 2 cents, that poor lady still has a right to her privacy.  This embarasment could have cost her job.  That company didn't have to forward the content itself, especally due to its nature.  They deserve what I hope is comming to them for making that choice.

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CaptainFabulous

Remeber, just because the court is allowing the suit to proceed doesn't necessarily mean they're going to win.

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Phrish

I would argue that viewing communications conducted on that laptop isn't violating federal wiretapping laws. Keeping logs on my own computer system isn't wiretapping myself, since it's my own personal communication. If my own system got stolen and I used logs to identify the system's location, that's my perrogative, my software, my backup files, my countermeasures. I would argue that there is no expectation of a private communication using someone else's computer.

The issue might be that she purchased a stolen computer not knowing it was stolen and therefore had the expectation that it was her system and her communication lines. While technically not true, she didn't break any laws.

Sounds like a very gray area to me.

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win7fanboi

nothing grey about it... if courts go by what you think what is to stop you from selling your 3000$ mac book pro (sorry you seem to me like a mac guy :)) for 300$ on craigslist and then claim it was stolen. Then use your spy programs to spy on the person in efforts to recover your property.

It can get even uglier if you open that door. Kids are not going to ask twice if you sell them a 1000$ laptop for 100$. According to you it should be legal to watch underage kids since they are using your property.

Think first, type later.

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Carlidan

You know that the laptop was stolen and the person who owned the laptop installed the spyware program just in case if it was stolen, he could recover his computer. It's his right to install it and use it as he sees fit.  Now just because the theif sold it to unexpected buyer doesn't mean it's the fault of the original owner/company of the spyware fault for what had happen to the lady. Please explain your logic as to you think it's their fault. 

Even your example doesn't cut muster. Sorry. Just using kids for your arguement still doesn' sway me. 

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thetechchild

I definitely agree here, although maybe not due to the same reasoning.

The difference here is that though the person in possession of the stolen laptop might be unaware that the laptop is stolen property, whoever is spying on the usage of the laptop is *knowingly* breaking the law. Also, it is reasonable for somebody tracking the laptop to be aware of the possibility that the thief already sold the laptop off; it is not quite as reasonable to expect your average consumer to consider the possibility that a cheap buy (which is very common) is stolen property (relatively uncommon).

There is no gray area. As soon as that property is out of your hands, even the "thief" has certain rights you can't violate. There are wiretapping laws that you have to abide by, no matter your suspicions; if you believe you have substantial evidence, you have to alert the police immediately.

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lostcause64

Personally, I like what Absolute tried to do. Anything to abuse or embarrass a thief is fair game in my book. Unfortunately, they got someone else instead of the oxygen wasting thief...

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iheartpcs

Wouldn't a laptop that belonged to a school board have all kinds of identifying stickers and files/programs? Shouldn't a teacher be able to recognize this? The womans character is questionable. So is Absolute Softwares. lol

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TerribleToaster

Assuming the kid who stole the laptop is not brain dead, those identifying stickers that mark it as school property would have been removed. Even if there was glue residue left over, since she was getting what she thought was a used laptop, it wouldn't seem all that odd. We really don't know enough about this woman or the kid who sold her the laptop to form any valid opinions on how morally irresponsible/responsible she is or question her intelligence.

 

We only know enough, from what was written here, to know that Absolute Software went way beyond what is considered legal or socially acceptable; however, we don't know what their justifcation is (or if they provided any).

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TerribleToaster

Quite honestly, they were asking for it.

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compro01

So buying a broken laptop for cheap and having it repaired is "asking for it"?

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TerribleToaster

1. The laptop was never broken or repaired. I don't even know where you got that from.

2. My comment was directed at Absolute Software, which is why it said "They" and not "She". And they were asking for it by going way beyond what was necessary in order to get the laptop back by actively trying to embarrass a person. It wouldn't have matter if she was the thief or not, what they did was unnecessary.

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