[comp.virus] Virus writing - crime?

CHESS@YKTVMV.BITNET (David M. Chess) (05/31/89)

>    ... but then i thought that if you do not copy diskettes you do
> not have viruses. Diskette copying is a crime, ofcourse, so...

As I'm sure other folks will point out as well, there are two errors
here.  First, it's not true that "if you do not copy diskettes you do
not have viruses".  Viruses can spread in all sorts of ways, including
buying diskettes with legitimate software on them, getting and running
public domain executable files, and even just from putting a diskette
into an infected machine and doing a DIR on it!

Second, it's not true that "diskette copying is a crime".  Some
instances of diskette copying (and file copying) are violations of
copyright laws.  But many are not; many programs are in the public
domain, or may be copied in some circumstances without violating the
license; there are All Sorts of Terms and Conditions out there, and by
no means is "diskette copying" always a "crime".

I think it's very (very very) important to keep firmly in mind the
fact that viruses typically spread through legitimate actions by
legitimate users; the myth that viruses are only spread by grubby
criminals and law-breaking teenagers trading pirated software is
potentially a very dangerous one.

OBEYING THE LAW DOES NOT MAKE YOU IMMUNE FROM COMPUTER VIRUSES,
and having a virus does not mean that you have broken the law!

DC

RZOTTO@DKNKURZ1.BITNET (Otto Stolz) (06/02/89)

According to German (FRG) law, its a crime to
   "alter computer data, willingly and unauthorized".

A virus spreads by altering computer data (viz. the program being
infected), while it is not authorized to do so.  Neither is the virus
author, who is responsible for his brainchild's behaviour he has
created, willingly.  Hence, ...

Warning:  When you dispatch a virus, you'll be subject to imprisonment
          not exceeding 3 years, as soon as your virus spreads to
          Germany :-)
          (5 years, if the computer infected is essential to an authority
          or a company)
          Let me just get hold of you|

In earnest: while I'm not sure, whether this crime will be perceived
as commited in Germany, if the virus was written elsewhere, I want to
point out, that there are indeed places in the world where EVERY virus
is deemed culpable: there's NO distinction between "good" and "evil"
virus strains.

Best wishes
            Otto