[news.sysadmin] Fooey on your cynical, litigious personalities

vespa@ssyx.ucsc.edu (Adam Alexander Margulies) (11/07/88)

	What is it about the American mentality to sue (or in this case /bin/su).
The Japanese don't have it, the Europeans don't have it. Why do we?

	For all you out there that want to see Morris prosecuted for civil and
criminal penalties I say grow up! All he did was to bring a little 
stimulation to your otherwise asexual, ruthlessly boring existences.
He represents an opportunity to close security holes and encourage
others to do the same. 

Q: isn't computer security rather like military intelligence and other
   oxymorons?


I said, type it NOW, Adam!  ||       ||Adam Margulies                         |
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|DISCLAIMER:                         ||ATT: (408)429-8868                     |
|       These are NOT my opinions. They are my dog's.                         |

aad@stpstn.UUCP (Anthony A. Datri) (11/09/88)

In article <5392@saturn.ucsc.edu> vespa@ssyx.ucsc.edu (Adam Alexander Margulies) writes:
>	What is it about the American mentality to sue (or in this case
> /bin/su).
>The Japanese don't have it, the Europeans don't have it. Why do we?

People in the U.S. know that there's a good chance they can win even the
silliest suit -- the media cover suits with eagerness -- just look at
The Weekly World news and People's Court, Superior Court, Stupid People's
Court.....

-- 
@disclaimer(Any concepts or opinions above are entirely mine, not those of my
	    employer, my GIGI, or my 11/34)
beak is@>beak is not
Anthony A. Datri @SysAdmin(Stepstone Corporation) stpstn!aad

cramer@optilink.UUCP (Clayton Cramer) (11/11/88)

In article <2313@stpstn.UUCP>, aad@stpstn.UUCP (Anthony A. Datri) writes:
> In article <5392@saturn.ucsc.edu> vespa@ssyx.ucsc.edu (Adam Alexander Margulies) writes:
> >	What is it about the American mentality to sue (or in this case
> > /bin/su).
> >The Japanese don't have it, the Europeans don't have it. Why do we?
> 
> People in the U.S. know that there's a good chance they can win even the
> silliest suit -- the media cover suits with eagerness -- just look at
> The Weekly World news and People's Court, Superior Court, Stupid People's
> Court.....
> Anthony A. Datri @SysAdmin(Stepstone Corporation) stpstn!aad

I can remember a time when this litigious spirit was specifically a
California phenomenon -- in particular, an Oregon hospital emergency room
resisting treating my mother one night "because you Californians are
always suing everyone!"

California is always ten years ahead of the rest of the nation -- 
unfortunately.

-- 
Clayton E. Cramer
..!ames!pyramid!kontron!optilin!cramer

berry@askone (Berry Kercheval) (11/11/88)

In article <2313@stpstn.UUCP>, aad@stpstn (Anthony A. Datri) writes:
>People in the U.S. know that there's a good chance they can win even the
>silliest suit -- the media cover suits with eagerness -- just look at
>The Weekly World news and People's Court, Superior Court, Stupid People's
>Court.....

AH, yes -- where is Judge Moriarty Wapner when we need him!

  --berry

jack@swlabs.UUCP (Jack Bonn) (11/12/88)

In article <5392@saturn.ucsc.edu> vespa@ssyx.ucsc.edu (Adam Alexander Margulies) writes:
>
>	What is it about the American mentality to sue (or in this case /bin/su).
>The Japanese don't have it, the Europeans don't have it. Why do we?

I believe that it has been caused by the ability for American attorneys to
sue people on a contingency basis.  This is where the lawyers can take a
piece of the judgement (very often up to 33%, or so) and the plaintiff
needs no money "up front".

I am told that this is considered unethical practice in most of the 
civilized world.  (Net: is this true?)  This assumes the USA still 
qualifies as "civilized".

Of course, lifting the ban on advertising by attorneys has added fuel
to the fire.  I've even seen TV ads hinting that accident victims
sue before they feel any ill effects, since after a time limit they may
loose the right to sue.

[The other half of the coin, however, is the impression that countries
who forbid contingency fees are providing justice only for the rich.
I, personally, think that this is little price to pay, however.]

To get this back on the track (for news.sysadmin), does anyone think that 
a judgement against Cornell or the perpetrator is likely enough that one 
could find lawyers willing to take the case on a contingency basis?
-- 
Jack Bonn, <> Software Labs, Ltd, Box 451, Easton CT  06612
uunet!swlabs!jack (UUCP)	jack%swlabs.uucp@uunet.uu.net (INTERNET)

beb@mit-amt (Brian E Bradley) (11/12/88)

  Let's call it what it is: "computer rape".

  Sure, you lost a day's work because of the virus, and you got heartburn.
But that's not what really bothers you.  Your machine seems somehow --
well, DIRTY...  You don't really trust it anymore.  It's been "doing it"
for someone else.  And, deep down in the back of your mind, you KNOW that
your rival's code was BETTER than yours: once the computer tasted HIS
code, it could think of nothing else.

  Gentlemen, let's be sensitive to the victims, too.

  Because of the Worm, our relationship with our Signifigant Automata is
forever changed.  Their increasingly infected chassis are more and more
human every day.

  The appearance of dangerous diseases in the electronic ecology means 
that the majority of guys will marry one machine and avoid the swinging
"network" information meat market.  Unless, of course, his machine is
down for some reason, or the guy needs something "special".

  In a surprisingly short time, a user will be able to go to the drugstore
24 hours a day to buy "network protectors"; perhaps they will even be
ribbed, colored, scented, and disposable after one use.

  In the meantime, even the most ardent civil libertarians among us are
growling and threatening to bludgeon virus publishers to death with
baseball bats.  Control over personal property is a much more compelling
motivation than concepts like "the free marketplace of ideas".  But, until
the law catches up with the current marketplace of intellectual
property, software publishing (and "genetic" publishing, for that matter)
is an ill-defined and lawless game.  Perhaps some future court will rule
that a man can kill to keep his black box from being raped.

  And "rape" is the issue here.  To spare my colleagues the embarassment
of irrational, emotional public displays, I would like to point out that
many systems administrators are behaving like the victims of forcible
rape.  Be aware of your own actions, and be careful that your choices
are not driven by unhealthy motives, such as obsessive paranoid reactions
to a perceived loss of security.  Set reasoable goals, curb your extremism,
and don't pop a blood vessel over it.

  If youthink you're suffering, I suggest a brief dip in Women's Movement
books.  They've been grappling with the same issues as we Worm-Fighters,
but they've had centuries of life-and-death experience coping with the
problem.  Of course, the Computer Security Support Groups DO exist, but
they are impossible to find or join...