[87562] in North American Network Operators' Group
RE: Compromised machines liable for damage?
daemon@ATHENA.MIT.EDU (Hannigan, Martin)
Sun Dec 25 23:15:29 2005
Date: Sun, 25 Dec 2005 23:14:49 -0500
From: "Hannigan, Martin" <hannigan@verisign.com>
To: "Dave Pooser" <dave.nanog@alfordmedia.com>,
"NANOG" <nanog@merit.edu>
Errors-To: owner-nanog@merit.edu
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Dave, RIAA wins almost 100pct vs p2p'ers ir sues. Its an interesting =
dichotomy.
Marty
-----Original Message-----
From: Dave Pooser [mailto:dave.nanog@alfordmedia.com]
Sent: Sun Dec 25 23:09:02 2005
To: NANOG
Subject: Compromised machines liable for damage?
> This should be another thread completely, but I am wondering about
> the liability of the individual's who have owned machines that are
> attacking me/my clients.
As a practical matter, I'd expect it to be difficult to try. Convincing =
a
jury that running a PHP version that's three months out of date =
constitutes
gross negligence because you should have read about the vulnerability on =
the
Web might be... tricky. Especially when you have to explain to the jury =
what
PHP is. Dueling expert witnesses arguing about best practice, poor =
confused
webmaster/Amway distributor looking bewildered at all this technical =
talk
("I figgered I just buy Plesk and I was good to go. I dunno nothin' =
about
PHP. Isn't that a drug?") Not to mention working out what percentage of =
the
damages you suffered should come from each host.
But yeah, I'd like to see it tried. Lawyering up is one of our core
competencies here in the USA; maybe we could use it for good instead of
evil.
--=20
Dave Pooser
Manager of Information Services
Alford Media http://www.alfordmedia.com
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<P><FONT SIZE=3D2>Dave, RIAA wins almost 100pct vs p2p'ers ir sues. Its =
an interesting dichotomy.<BR>
<BR>
Marty<BR>
<BR>
<BR>
<BR>
-----Original Message-----<BR>
From: Dave Pooser [<A =
HREF=3D"mailto:dave.nanog@alfordmedia.com">mailto:dave.nanog@alfordmedia.=
com</A>]<BR>
Sent: Sun Dec 25 23:09:02 2005<BR>
To: NANOG<BR>
Subject: Compromised machines =
liable for damage?<BR>
<BR>
<BR>
> This should be another thread completely, but I am wondering =
about<BR>
> the liability of the individual's who have owned machines that =
are<BR>
> attacking me/my clients.<BR>
<BR>
As a practical matter, I'd expect it to be difficult to try. Convincing =
a<BR>
jury that running a PHP version that's three months out of date =
constitutes<BR>
gross negligence because you should have read about the vulnerability on =
the<BR>
Web might be... tricky. Especially when you have to explain to the jury =
what<BR>
PHP is. Dueling expert witnesses arguing about best practice, poor =
confused<BR>
webmaster/Amway distributor looking bewildered at all this technical =
talk<BR>
("I figgered I just buy Plesk and I was good to go. I dunno nothin' =
about<BR>
PHP. Isn't that a drug?") Not to mention working out what =
percentage of the<BR>
damages you suffered should come from each host.<BR>
<BR>
But yeah, I'd like to see it tried. Lawyering up is one of our core<BR>
competencies here in the USA; maybe we could use it for good instead =
of<BR>
evil.<BR>
--<BR>
Dave Pooser<BR>
Manager of Information Services<BR>
Alford Media <A =
HREF=3D"http://www.alfordmedia.com">http://www.alfordmedia.com</A><BR>
<BR>
<BR>
<BR>
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