jmolini@nasamail.nasa.gov (JAMES E. MOLINI) (02/13/90)
About the AIDS Trojan disk, Ian Fahrquar writes: > This is not a trojan: it is a COPY PROTECTION SYSTEM. The > consequences of using the program without paying are quite adequately > laid out in the license, which apparently has not been read. It warns > quite clearly that: > > a) You should not install this program unless you are going to > pay for it. > > b) The program contains mechanisms that will ensure that the > terms of this license agreement will be followed. > > c) That these mechanisms will affect other programs on the hard > disk. > I am led to make the following conclusions: > 1. That all of the users who were adversely affected by this > supposed trojan either (a) did not read the license > agreement for the program which they were installing, or (b) > they read it and ignored it. Either way, they must accept > the consequences. The installation instructions first step > tells you to read the agreement on the reverse of the sheet. .. > If the author of this program is convicted, it will be the first > conviction ever for the hidious crime of writing a copy protection > system, and will be one of the biggest farces of justice ever > witnessed. Although I am not a lawyer (Thank God) I can say that the PC Cyborg license agreement is inherently flawed. It is the old principle of "My privilege to swing my fist stops at the end of your nose." Although the program could have erased itself and called the user all sorts of nasty names, it had no right to hold his hard disk hostage. Even if I notify you that I will burn down your business if you fail to pay off the money you owe me, it still does not cause my action to become suddenly legal. That is why we have a court system and thousands of over employed lawyers today. You are supposed to settle contract disputes in court, not with a high tech version of vigilante justice. The end result of all this is that the user was not EXPLICITLY made aware of the absolutely catastrophic consequences of his/her actions. As some of us have seen in the past, hiding things in fine print and obscure wording is often sufficient reason to show that the signer did not know what he was signing. If you don't believe me, call a lawyer and ask him if he would represent you on a contingency fee basis (you don't pay unless he wins) for something like this. And speaking of wasting someone's time. Maybe we'd all bettter stop trying to be what we aren't and concentrate on being a little better at bug hunting and virus busting. I will if you will. Jim Molini