[Mimedefang] OS wars... [was Viruses: Bounce or Discard?]

[Cor Bosman]

> > If I drive over that road perfectly normal, stop at every traffic
> > right, let the eldery cross the street. Stop in front of your house.
> > Open the door you did not lock and shoot you in the head. Surely the
> > owner of the road is not liable for murder :) Please tell me this isnt
> > so, even in the US.
> > 
> 
> You therefore got out of the car and went and shot me. Even if you shot
> me from the road, the crime would have occured inside my house and
> therefor the owner of the road might not be liable.
> 
> If I shot you from one car to the other, there is case law from old
> English common law on that the owner was liable for at least civil
> damages because it occured on his property. [The case would be that a
> laird of the castle is responsible for the guests on his property.]
> 
> Again I am not a lawyer, and am remembering a bunch of articles and news
> from over a decade ago... 

Even though I hate these academic discussions, isnt it so that by
logging into the ISP (with DSL or dialup) you have your own little
road, and the nasty virus or spam enters your little private road.
This road could be as little as a driveway, to as big as a major highway
(like universities or labs :) Sure, they come from a bigger road. 
But from there they come from an even bigger road, and even bigger, etc.
You are the internet. 

Or what if you get infected by a floppy, CD, DVD, whatever and start
infecting others through the ISP. Should you be held liable for sending
all the emails (and possibly be held liable by all the thousands of
receiving ISPs) or should only the receivers be held liable? Dont tell
me you are suddenly innocent. 

Maybe we can all sue the major transit ISPs for daring to transit these
emails.

Again. The problem needs to be solved at all levels.

Cor