Sasser author gets suspended sentence

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A few misconceptions

>The kid is now 19. If the rules there are anything like the US, the judgement lasts until it's paid off.

Usually 10 to 20 years, depending on what it is. Ex. loss in auto collision - usually 10 years, real estate - can be 20 years. Usually can be discharged in bankruptcy. Taxes, child support and most student loans not dischargable. Few other exceptions.

>Which means wages garnished, winnings etc. until the judgement is paid.

With limits on personalty, property and whether the garnishment creates a hardship. It is not automatic and everything is not open game.

>And why limit to just the kid? After all, again if this was the US, the parents/guardians would be on the hook.....

Parents are not liable for every action of their children. For parents to become liable you must prove the damage is a result of the parents negligent supervision. Very difficult. Most states have a limit to civil liability of minors. Here is is $500.00.

You're failing to see the problems with this case. The offence was commited when he was a minor. He now has reached the age of majority. Since the offence was committed when he was a juvenile, he cannot be sent to adult prison for it. Now, he is too old to go to juvenile facilities. What would you have the judge do?

Do you think special exceptions should be made because you somehow belive software is so special that special considerations are warranted? Problem is, that is not law. That is vigilante justice.

I, personally, feel no special outrage because it involves software. What is the big deal? If the punishment is within the statutes and sentencing guidelines what are you worried about?

Perhaps you should be culpable because the patches were available to prevent this and you failed your duty to install the patches to mitigate damages. Should you also be punished?

If your roof leaks because of faulty workmanship by the roofer and you take no steps to prevent the leakage from rotting the floor you cannot recover for the loss of your floor. You have a duty to mitigate damages if you can. You can recover for your roof but not your floor if you intentionally allow the floor to rot. It's your loss. By that doctrine, since you took no steps to mitigate damages to your computer system can you recover for any loss? You can bet his attorney will argue the point.

I am responsible for my actions. You are responsible for your failure to act.

>So mommy and daddy - be very afraid of your geek kid sitting in the dark dark basement.....

An ominous warning. Empty and silly but still sounds ominous.

Do you have any idea how many legal doctrines will be invoked if any civil actions are brought over this? Law is deep and complex. Nothing is simple.

And my disclaimer: IANAL

Posted by: bystander_z   Posted on: 07/09/05 You are currently: a Guest | Members login | Terms of Use

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