-=> Quoting Steve Bennett to David Kirschbaum <=-
-=> FidoMail to 1:163/215, please.-=<
sb> Funny, I would have thought it was relatively clear-cut, but
sb> obviously not. To me, if a person writes a virus which
sb> self-replicates, whether or not it has some sort of nasty
sb> payload, but keeps it to himself, that's fine. If he gives it
sb> to someone and says "Hey, this is a virus, check it out", that's
sb> fine too. But if he compiles it and gives it to unwitting
sb> people (again, to me it doesn't matter what the payload is),
sb> then he can be liable. Of course, there is the matter of
sb> accidents. Ie: Robert Morris's internet virus (worm/virus).
sb> There should always be a case of negligence or careless- ness.
Aha!  And exactly why don't you think giving it to someone else
saying "This is a virus, check it out" _couldn't_ be construed as
"negligence"?
What is "negligence" (in a legal sense) anyway?  Well, it's allowing
something to happen when that something could be "foreseen" by your
average everyday Joe, that "something" causing damage to a third
party.  It certainly can be "foreseen" that spreading virus code for
people to "check it out" might result in the spread of that virus,
with attendant damage.  So, "negligence".
TTFN. Rick.
Ottawa, ON 11 Apr 21:45 
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