MyDoom downs SCO site

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Would you like to try again?

---Hmm.. SCO filed the lawsuit against IBM late in 2003.. and.. yup.. that puts them nicely within the 3 year limit. Think before you troll.---

As someone already pointed out, that is a case alleging breach of contract, not copyright infringement. Maybe you should arm yourself before setting out to do battle.

---Absolutely not. If someone breaks-and-enters into your house.. is the door maker held as an "accomplice" to the crime? That's absurd.----

Entirely different set of laws. Your analogy is a crime against property. A crime that requires the physical presence of someone on the premises and the intent to commit a crime. The analogy you present is a non starter. The laws that would apply are product liability. They refer to the inherent flaws in a product. An inherent flaw that, in this instance, can result in consumer harm in lost business. Very different laws and theories. Since MS knows the software they peddle is inherently unsecure and the results of that inherent flaw can cause consumer harm it would be negligent product liability. There should definitely be civil remedies but the fact MS knowingly misrepresents the product introduces the element of maliciousness. That makes it a crime since there is both the act, distributing a flawed product, and the intent to misrepresent, by claiming it is secure. The inherent flaw results in consumer harm since the buyer expected the product to perform as advertised. A better analogy would be a vendor that sells a childs toy that explodes when shaken usually resulting in physical harm to the child. The vendor knows the toy explodes but tells customers the defect has been repaired and there is no reason to be concerned. There should be a case for a competent prosecutor.

---If you, as a sysadmin don't follow these (which are sure enough, on the Microsoft website), then you are negligent. ---

I, as a systems admin, have no problem with MS flawed offerings since I avoid everything MS. Why should I spend 1/3 of my time patching, patching, patching flawed patches and more patching. I simply avoid it completely. Much better solution.

You should really try to do better in the future.

Posted by: zd-spam   Posted on: 02/02/04 You are currently: a Guest | Members login | Terms of Use

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