davej@csd4.csd.uwm.edu (David Johnson) (09/29/89)
The following article copied without permission from the Milwaukee Sentinel, Thursday, September 28, 1988 to promote discussion on the ethics involved, legal implications (especially if Lab Force didn't answer their phone on a Saturday :-)), etc. I have no interest nor association with any of the parties mentioned in the article below; I just thought it would provide some interesting beginnings for discussion. I'm especially interested in hearing about "good faith" legal ramifications of the software described below. === BEGIN ARTICLE "FIRM SAYS 'VIRUS' ENSURES PAYMENT" By Mike Mulvey Sentinel staff writer The "viruses" that allegedly infected a computer system serving three Milwaukee-area hospitals were actually fail-safe devices installed by the manufacturer to ensure payment on the system, the company's president said Wednesday. Robert C. Lewis, president of Lab Force Inc. in Dallas, Texas, vehemently denied allegations that his company intentionally introduced viruses to sabotage the computer network that provided laboratory test results. "The allegations are totally without merit," Lewis said. "It is insane." "We have not and never will cause a virus to disrupt a computer system." Federal Judge John W. Reynolds issued a temporary restraining order Tuesday barring the Dallas company from introducing any more alleged viruses into the computer system. The computer network run by Franciscan Shared Laboratory Inc. services St. Michael and St. Joseph's Hospitals in Milwaukee and Elmbrook Memorial Hospital in Brookfield. Franciscan, of 11020 W. Plank Ct., Wauwatosa, file a lawsuit Tuesday in Federal Court, alleging Lab Force introduced a computer virus that disabled the system Sept. 16 and another virus scheduled to be activated Nov. 15. The suite alleged actions by Lab Force were endangering the lives of patients at the three hospitals. A hearing on the case is scheduled for Oct. 6 in Federal Court "We will let the evidence speak for itself. We've done what we believe is in the beset interest of our client and its patients," said attorney John Busch, who is representing Franciscan. "Lewis may deny allegations of sabotage, but he doesn't deny the fact that the system was down." Lewis said the system began operation in April 1988, although Lab Force still is adding to the network. He said the system always had had a "key," a device that locks out the user if a payment schedule isn't kept or a licensing agreement isn't honored. Although Franciscan had been making its payments on time, the key that originally was set to shut down the system Sept. 16 was not rescheduled for a later date because of a mistake by a Lab Force technician, Lewis said. When the technician was notified that the computer system shut down Sept. 16, he immediately corrected the problem by rescheduling the key for Nov. 15, said Jerry Levine, a consultant for Lab Force. "It was a mistake. Our operator screwed up. There has never been a virus in there. There has only been a simple key." "Keys are commonly used by hundreds, if not thousands, of software companies," Levine said. "Until software is accepted and paid for, the only protection a software company has against the equipment being stolen is to place a key in the system." Lewis said Lab Force was considering filing a countersuit against Franciscan for damage done to the Dallas company's reputation. === END ARTICLE - -- David J. Johnson - Computer People Unlimited, Inc. @ GE Medical Systems gemed!python!davej@crd.ge.com - OR - sun!sunbird!gemed!python!davej "What a terrible thing it is to lose one's mind." - Dan Quayle