[Mimedefang] OT: Sasser info

Kelson Vibber kelson at speed.net
Tue May 4 13:53:33 EDT 2004


At 09:56 AM 5/4/2004, SRAR Mail Administrator wrote:
> From http://www.sophos.com/virusinfo/articles/sasserfbi.html :
>Microsoft has announced that it is working closely with law enforcement 
>agencies, ... in an attempt to try and identify those responsible for the 
>widespread Sasser internet worm.
>
>Question: Will they be starting at Microsoft's headquarters, and arrest 
>Bill's developer staff?

That depends: If a manufacturer discovers a defect and issues a recall, is 
it liable for damages that occur *after* the recall has been carried out?

To bring back the eternal car analogy: suppose someone discovers that a 
particular Ford model has defective airbags that will explode if the car is 
hit from a certain direction.  Ford issues a recall, there's been time for 
people to go in and get the airbags fixed.  Then someone goes around and 
starts hitting these cars with a sledgehammer in such a way as to trigger 
those airbags that haven't been replaced.

In this scenario, Ford would bear some liability for injuries, deaths, etc. 
from the defective product before the recall (shared, of course, with the 
people who caused the collisions), and possibly early in the recall 
period.  But what about damages *after* the recall, *after* people have had 
the opportunity to get their car fixed?  Assuming they didn't know about 
the defect when they sold the cars, is Ford still liable legally?  Morally?


Kelson Vibber
SpeedGate Communications <www.speed.net> 




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