Forensics of Software Copyright Infringement Crimes: The Modern POSAR Test Juxtaposed With The Dated AFC Test

This paper presents a new development in the forensics of software copyright through a juxtaposed comparison between the proven AFC test and the recent POSAR test, the two forensic procedures for establishing software copyright infringement cases. First, the paper separately overviews the 3-stage, linear sequential AFC test and then the 5-phase, cyclic POSAR test (as AFC’s logical extension). The paper then compares the processes involved in each of the 5 phases of the POSAR test with the processes involved in the 3 stages in the AFC test, for the benefit of forensic practitioners and researchers. Finally, the paper discusses some common areas where both the tests will need careful handling while implementing them in the judiciaries across the world

A Proposal for Incorporating Programming Blunder as Important Evidence in Abstraction-Filtration-Comparison Test

This paper investigates an unexplored concept in Cyber Forensics, namely, a Programming Blunder. Programming Blunder is identified as a variable or a code segment or a field in a database table, which is hardly used or executed in the context of the application or the user’s functionality. Blunder genes can be found in many parts of any program. It is the contention of this paper that this phenomenon of blunders needs to be studied systematically from its very genetic origins to their surface realizations in contrast to bugs and flaws, especially in view of their importance in software copyright infringement forensics. Some suggestions as to their applicability and functional importance for cyber forensics are also given including the vital need and a way to incorporate programming blunders into AbstractionFiltration-Comparison test, the official software copyright infringement investigation procedure of US judiciary Keywords: Bug, error, blunder, genes, software piracy, software copyright, software copyright infringement, software piracy forensics, AFC, idea-expression dichotom

Non-Use of a Mobile Phone During Conducting Crime Can Also Be Evidential

Cyber-clever criminals who are aware of the consequence of using mobile phones during conducting crimes often stay away from their phones while involved in crimes. Some of them even change their handset and SIM card, subsequently. This article looks into how, intentional disassociation (and even unintentional non-use) of mobile phone in (non-cyber) crimes, can become evidential clues of the perpetrators’ involvement in criminal acts. With the help of a recent judicial episode, this article reveals how extremely careful and masterful handling of extensive and voluminous Call Details Records and tower dumps by a cyber-savvy investigating official can unearth evidential clues to the location of the perpetrator even when the perpetrator stayed away from his mobile phone in the process of the criminal ac

Software Piracy Forensics: Impact and Implications of Post‐Piracy Modifications

Piracy is potentially possible at any stage of the lifetime of the software. In a post-piracy situation, however, the growth of the respective versions of the software (both the original and pirated) is expected to be in different directions as a result of expectedly different implementation strategies. This paper shows how such post-piracy modifications are of special interest to a cyber crime expert investigating software piracy and suggests that the present software piracy forensic (or software copyright infringement investigation) approaches require amendments to take in such modifications. For this purpose, the paper also presents a format that is jargon-free, so as to present the findings in a more intelligible form to the judicial authorities. Keywords: Piracy, post-piracy modifications, software piracy, source code, copyright, software copyright infringement, software piracy forensics, database forensics, MIS forensics, AFC, SCAP, technical expert, substantial similarity test, CDA

A New Cyber Forensic Philosophy for Digital Watermarks in the Context of Copyright Laws

The objective of this paper is to propose a new cyber forensic philosophy for watermark in the context of copyright laws for the benefit of the forensic community and the judiciary worldwide. The paper first briefly introduces various types of watermarks, and then situates watermarks in the context of the ideaexpression dichotomy and the copyright laws. It then explains the forensic importance of watermarks and proposes a forensic philosophy for them in the context of copyright laws. Finally, the paper stresses the vital need to incorporate watermarks in the forensic tests to establish software copyright infringement and also urges the judiciary systems worldwide to study and legalize the evidential aspects of digital watermarks in the context of copyright laws. Keywords: Digital Watermarks, Software Copyright, Idea-Expression Dichotomy, Programming Blunders, Copyright Infringement, AFC, POSA