nanog mailing list archives
RE: Compromised machines liable for damage?
From: "Hannigan, Martin" <hannigan () verisign com>
Date: Sun, 25 Dec 2005 23:14:49 -0500
Dave, RIAA wins almost 100pct vs p2p'ers ir sues. Its an interesting dichotomy. Marty -----Original Message----- From: Dave Pooser [mailto:dave.nanog () alfordmedia com] Sent: Sun Dec 25 23:09:02 2005 To: NANOG Subject: Compromised machines liable for damage?
This should be another thread completely, but I am wondering about the liability of the individual's who have owned machines that are attacking me/my clients.
As a practical matter, I'd expect it to be difficult to try. Convincing a jury that running a PHP version that's three months out of date constitutes gross negligence because you should have read about the vulnerability on the Web might be... tricky. Especially when you have to explain to the jury what PHP is. Dueling expert witnesses arguing about best practice, poor confused webmaster/Amway distributor looking bewildered at all this technical talk ("I figgered I just buy Plesk and I was good to go. I dunno nothin' about PHP. Isn't that a drug?") Not to mention working out what percentage of the damages you suffered should come from each host. But yeah, I'd like to see it tried. Lawyering up is one of our core competencies here in the USA; maybe we could use it for good instead of evil. -- Dave Pooser Manager of Information Services Alford Media http://www.alfordmedia.com
Current thread:
- RE: Compromised machines liable for damage? Hannigan, Martin (Dec 25)
- Re: Compromised machines liable for damage? Steven M. Bellovin (Dec 25)
- RE: Compromised machines liable for damage? Barry Shein (Dec 26)
- Re: Compromised machines liable for damage? Paul Vixie (Dec 26)
- Re: Compromised machines liable for damage? Florian Weimer (Dec 27)
- Re: Compromised machines liable for damage? Matthew Sullivan (Dec 27)
- <Possible follow-ups>
- Re: Compromised machines liable for damage? Hannigan, Martin (Dec 25)
- RE: Compromised machines liable for damage? Hannigan, Martin (Dec 26)
- RE: Compromised machines liable for damage? Owen DeLong (Dec 26)
- RE: Compromised machines liable for damage? Hannigan, Martin (Dec 26)
- RE: Compromised machines liable for damage? Owen DeLong (Dec 26)
(Thread continues...)