Path: utzoo!mnetor!uunet!husc6!uwvax!oddjob!ncar!ames!pasteur!dorothy.Berkeley.EDU!c9c-dk
From: c9c-dk@dorothy.Berkeley.EDU (DJ Flymo)
Newsgroups: comp.sys.mac
Subject: RE: Liability of [benign] virus creators et al.
Message-ID: <1740@pasteur.Berkeley.Edu>
Date: 22 Mar 88 09:45:16 GMT
Sender: news@pasteur.Berkeley.Edu
Reply-To: c9c-dk@dorothy.Berkeley.EDU (DJ Flymo)
Organization: University of California, Berkeley
Lines: 39

Jeffrey Sullivan writes:
> This is obviously ridiculous.  The MacMag people did not distribute an
> This is obviously ridiculous.  The MacMag people did not distribute an
> intentionally damaging item, and any damage occurring must be the result of
> unforeseen interactions.  How, then, can they be held liable if you can not do
> the same ofr other software distributors?

and:

> resulting from its use.  I understnad that there are other extenuating
> conditions (most importantly, that the people dealing with the virus did
> not consent, knowingly or tacitly, to its use) but I still think the basic
> point of this post is vlid.

    But you see that is the *point*.  The people did *not* consent to its use.
If you give me something that I do not know about or even want, shouldn't you
be responsible for any problems or damages incurred?  If you take your car to
be repaired, and along with repairing it, they do something else which you 
did not consent to or were asked about, and this causes more problems, would
you accept an excuse of "We didn't think it would cause any problems, so it
is not our fault."  This defense of "unforeseen interactions" is weak at best.
I could write a crummy program and as long as it worked for me, I could claim
any problems were the result of "unforeseen interactions".

    Why are other software companies not held liable?  Check the board, coach.
The warranties for software programs are quite explicit.  To quote the Microsoftwarranty, "Microsoft assumes no liability for any direct, indirect, incidental,
or consequential,special or exemplary damages, regardless of its having been 
advised of the possibility of such damages." This is not to say that companies
have not been held liable, but that pretty much covers their hindquarters.

    If you do not agree with my sentiments, please respond.  I would really
be interested in your thoughts on my "diatribe". 

			Bruce Burkhalter
			
			c9c-dk@dorothy.berkeley.EDU

"Anybody remember the limbo?  What the hell was that all about?"
					Dennis Miller