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Re: Class Action Over Faulty Software Product

__/ [ Alex Heney ] on Sunday 16 July 2006 19:09 \__

> On Sun, 16 Jul 2006 07:25:56 +0100, Roy Schestowitz
> <newsgroups@xxxxxxxxxxxxxxx> wrote:
> 
> <snip>
> 
>>---
>>
>>This may seem acceptable for some, but these machines are being hijacked
>>and are joined to form botnets. These botnets account for 80% of all the
>>SPAM wordwide and the majority of E-mail traffic (yes, the majority
>>originates from Windows bots). These machines also attack Web sites,
>>including mine. Given that I spend hours of my time every week combatting
>>SPAM and attacks launched by Windows machines (I have proof), all of which
>>due to severe flaws, can a case be made?
>>
> 
> Not a chance. Even if class actions were possible in the UK, which
> they aren't.
> 
> You would have to show that Microsoft had been negligent in creating
> the software with those flaws in.

Negligence  is a subjective term because there is negligence
that serves a anterior motive (as in the recent WGA spyware,
which  got  installed as though it was an important  update)
and  negligence  that is due to innocent ignorance. It is  a
known  fact  that  Windows has some back doors and  it  also
comminicates  with  Microsoft on a daily basis,  essentially
delivering  some  key details such as location. Whether  the
design  of  the  O/S  was  made  to  accommodate  controlled
intrusion  (which  evidently backfired), I don't  know.  The
closed-source  development  model  makes it even  harder  to
back.

And  speaking  of  class action, the incidents  I  mentioned
above  (Window Genuine 'Advantage') have triggered two  such
lawsuits in America.

Best wishes,

Roy

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