[comp.virus] Virii on Factory Software & Legal Issues

walker@AEDC-VAX.AF.MIL (William Walker C60223 x4570) (05/09/91)

In an earlier message I had written:
> A. Padgett Peterson (padgett%tccslr.dnet@uvsl.orl.mmc.com) writes:
> > Bring in the lawyers ! We need some civil actions to force manufacturers
> > to take due care (I'm amazed it hasn't happened before).
> It HAS happened before.

In that message, I thought that Mr. Peterson was referring to
infections on factory diskettes not happening before.  However, on
reading further back in the VIRUS-L archives, it would appear that he
is referring to the civil actions not happening before.  I apologize
for the misunderstanding.

I still contend, though, that civil actions are not necessary right
now.  The reason that virii are being distributed on factory diskettes
is most likely the same reason that virii spread in general: the lack
of education or information about virii.  Admittedly, software
publishers should be more aware about the computing environment than
Joe Novice Computer User, but let's face it, it's difficult even for
virus experts to keep up with the new virii, much more for a
non-virus-related hardware company.

On the other hand, once informed about a virus problem with their
product, a vendor must be prompt to correct the problem, or it is
indeed time to bring in the lawyers.

Bill Walker ( WALKER@AEDC-VAX.AF.MIL ) |
OAO Corporation                        |    "I think, therefore I am.
Arnold Engineering Development Center  |       Nah, I think not."
M.S. 120                               |            *POOF*
Arnold Air Force Base, TN 37389-9998   |

p1@arkham.wimsey.bc.ca (Rob Slade) (05/11/91)

walker@AEDC-VAX.AF.MIL (William Walker C60223 x4570) writes:

> On the other hand, once informed about a virus problem with their
> product, a vendor must be prompt to correct the problem, or it is
> indeed time to bring in the lawyers.

Padgett:  We must sue the vendors!
Rob:  You're right.
Bill:  No, they'll come around.
Rob:  You're right too.
Someone-else-on-the-net:  Rob, they can't *both* be right!
Rob:  You know, you're right too!

Well, apologies to Sholem Aleichim and everyone else concerned, but there
probably isn't any real disagreement here, it's more a matter of
differing perspectives.

I've had (too) numerous occasions where I've sent a computer owner back
to the vendor because of problems with a virus on a new system, only to
have the vendor admit it, admit that he (or she) *knew* about a virus
loose in the shop, and didn't do anything about it.

On one occasion I reported a potential virus to the software
manufacturer.  This particular company has a very small "core" staff, and
yet I kept getting calls back from the company for a week, pointing
fingers in all directions, before they would even agree to check their
software.  (After they agreed to do that, I heard nothing more.  An
admission of guilt?)

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