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Check in with Flash Boys in the Courtroom

Ben Protess, NYT, Judge Blocks Evidence in Goldman Code Theft Case, here. Nice outfit

For example, several computers recovered at Mr. Aleynikov’s home — as well as a laptop and thumb drive he was carrying at the airport — can no longer be used at trial. And Mr. Aleynikov’s initial statements to the F.B.I. at the airport, which he gave before learning of his Miranda right to remain silent, “must also be suppressed as the fruit of the poisonous tree,” a reference to the illegal arrest.

The ruling deals a blow to the on-again, off-again case. Without access to Mr. Aleynikov’s computers, the supposed site of the crime, prosecutors could have trouble swaying a jury beyond a reasonable doubt.

“Justice Zweibel’s decision represents a damning indictment of” the government’s case, his lawyer, Kevin H. Marino, said in a statement. “We are confident that today’s decision is another important step on Sergey Aleynikov’s long journey to complete vindication.”

He did write HFT in Erlang though, right? So there is that. But a year in slammer for writing dopey code seems excessive. I take it there are no charges being filed against the folks who want the HFT Erlang code back to run their business. Maybe they can rewrite the code in hyperthreaded OCAML to make it super ultra fast. I think it was the great man honey@down who typed “come wipe the vomit off my keyboard” on reading a Ptown student’s wretched code. Nowadays you don’t even have a keyboard to figuratively vomit on. Times change.

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2 Comments

  1. M says:

    As you point out and leaving aside that Erlang is a questionable technology for true HFT. And that I’m not a Sergey supporter…

    Sergey claims to have taken only his changes to intellectual property Goldman didn’t control. For example, see http://www.erlang.org/EPLICENSE And also http://www.vanityfair.com/business/2013/09/michael-lewis-goldman-sachs-programmer for an account of how Sergey’s boss at the time may have misunderstood intellectual property ownership. And also http://zerohedge.blogspot.com/2009/07/aleynikov-code-dump-uncovered.html for some view into his open source contributions which predated his relationship to Goldman.

  2. E.L. Wisty says:

    agreed. The Lewis case in Vanity Fair reads a little weak. My sense is that Lewis is way out of his depth covering Sergy and HFT in general. It is his Blind Side and he cannot separate shit from shinola, which is weird. Michael can just go down the hall at BBerg to ask Matt Levine to explain stuff to him.

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