Re: Will he win?

[Robert Newson <ReapNewsB@xxxxxxxxxxxxxxxxxxx>]

Roy Schestowitz wrote:

> __/ [ Robert Newson ] on Wednesday 07 March 2007 19:26 \__
...

> > According to the EULA, all he's entitled to is $5.00 (or something like
> > that), not the $200,000 he's seeking.  If he wins [wc]ould it open the
> > floodgates for compensation for the effects of Zombies[1], etc?
> >
> > [1] I get numerous attempts by Windwos zombies at cracking my Linux box.
>
> The liability issue when it comes to zombies is a very fascinating one. Bear
> in mind that not weak passwords are to blame.
>
> === Begin quote ==
...

> Ah, from the horse's mouth: Microsoft just might be held legally responsible
> for selling software that is insecure.
>
> == End quote ==
>
> http://www.groklaw.net/article.php?story=20061122235224396 

Which brings an interesting twist to the American[?] school teacher whose 
computer splatted pr0n that her kiddies saw and so she has been 
villified[1].  If, as has been suggested, it was a rogue, remote attack 
(malware), [cw]ould she sue MS for compensation for her lost job, career, 
etc caused by the insecure OS - /known/ by MS to be insecure (christmas 
advice 2003) - sold to an environment where kids are expected to be (ie a 
school, especially as MS pushes hard^W^Winstalls^Wdonates computer equipment 
to schools) and the effects of zombies and insecurities are well known (a 
proportion of the attacks on my Linux box are Winwos pop-up windows telling 
me[2] that I need to download a registry cleaner/fixer).

[1] Or whatever: her career is in ruins, etc.

[2] Well, they /would/ tell me if they got through to me[3]

[3] They fail because (a) they're for windwos & (b) they get burnt up on 
entry [to my firewall - but are logged for my curiousity/data collection].


> How NSA access was built into Windows
>
> ,----[ Quote ]
> | A careless mistake by Microsoft programmers has revealed that
> | special access codes prepared by the US National Security Agency
> | have been secretly built into Windows.
> | 
> | [...]
> | 
> | The first discovery of the new NSA access system was made two years
> | ago by British researcher Dr Nicko van Someren. But it was only a
> | few weeks ago when a second researcher rediscovered the access
> | system. With it, he found the evidence linking it to NSA.
> `----
>
> http://www.heise.de/tp/r4/artikel/5/5263/1.html
>
>
> Data Protection Commissioner criticizes search of private PCs online
>
> ,----[ Quote ]
> | "In the case of a search via the Internet a police officer covertly,
> | without the person knowing about it, accesses a person's computer."
> | During such an operation he or she might copy data and obtain all
> | kinds of personal documents; the police officer was acting as a "state
> | hacker," so to speak. Mr. Schaar observed. "Such an approach is in
> | conflict with the legal obligation to protect the core of
> | individuals' privacy," Mr. Schaar stated emphatically.
> `----
>
> http://www.heise.de/english/newsticker/news/82529/from/rss09
>
>
> Could Hollywood hack your PC?
>
> ,----[ Quote ]
> | Congress is about to consider an entertainment industry proposal
> | that would authorize copyright holders to disable PCs used for
> | illicit file trading.
> `----
>
> http://news.com.com/2100-1023-945923.html
>
>
> NSA Builds Security Access Into Windows
>
> ,----[ Quote ]
> | A careless mistake by Microsoft programmers has shown that special access
> | codes for use by the U.S. National Security Agency (NSA) have been secretly
> | built into all versions of the Windows operating system.
> `----
>
> http://www.techweb.com/wire/story/TWB19990903S0014



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