[comp.virus] When is a virus not a virus?

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