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Re: product liability (was: Virus Update)
- From: Owen DeLong
- Date: Tue May 09 14:25:55 2000
As an academic argument, I would like to consider the following:
1. Given: M$ released a product which contained "enabling technology"
which allowed this event to occur.
2. Given: This event was a Virus/Worm which used Visual Basic Scripting
and the Outlook Address Book to duplicate and proliferate
itself to a large number of systems at a fairly high rate
3. Given: Storing and forwarding mail costs money.
3. Fact: M$ Has a monopoly position. (Federal court ruling)
4. Theorum: Companies and other Entities which provide relay service
for an organization which falls victim to this event incurred
costs as a result of the event.
Storing and Forwarding mail costs money. Given (3).
Relays store and forward mail. Definition of Relay.
The virus generated a large amount of mail Given (2), nature of email
to be relayed. forwarding.
Entities providing relay service incurred Given (3) and previous
As such, I would argue that M$ release of a product with such widely known
exploitable vulnerabilities into a the market including customers of any
given relay service entity may, indeed, create standing for that service
entity to sue M$ on the basis of costs incurred due to M$ negligence and
negligent business practices.