[NTLUG:Discuss] Real dangers of CR2

[Daniel Hauck]

THANK you David!

And I don't think it would be hard to accumulate a HUGE database of
exploitable bugs in Windows NT alone, let alone Windows products like IIS
where a BUILT-IN BACK DOOR was discovered.  (MS claimed it was the work of
an ex-employee or the like but that still doesn't remove their
responsibility.)  In short, it can be shown that they have been historically
negligent and continue to be so.  It can also be shown that when they were
informed of the problem, it was ignored.  As a BUGTRAQ subscriber, I have
seen that scenario too often as well.

  ----- Original Message -----
  From: David Neeley
  To: discuss at ntlug.org
  Sent: Friday, August 10, 2001 6:03 PM
  Subject: Re: [NTLUG:Discuss] Real dangers of CR2


        Fred,

        I can think of several scenarios where the owner of a motor vehicle
is not a responsible party. For example, if your car is stolen and then is
involved in an accident, you are not responsible.

        Owners' responsibility is a function of their allowing someone else
to drive the vehicle. In all cases, the operator of the vehicle is
responsible, without exception insofar as I am aware. Therefore, the
statement that the owner is deemed to be *the* responsible party is untrue.
Depending upon the circumstances, the vehicle owner may be *a* responsible
party.

        Manufacturers have been held liable in many cases in which they had
no adjudicated *criminal* liability. When private parties sue, the
negligence they claim is a civil standard of negligence. Criminal negligence
is only determined in a criminal suit, brought by a governmental unit on
behalf of "the people" and not by any individual or individuals.

        A manufacturer of a computer OS might in fact be found grossly
negligent in releasing a product that is defective based upon a standard of
reasonable fitness for purpose.

        David

        -------Original Message-------

        From: discuss at ntlug.org
        Date: Friday, August 10, 2001 11:25:11 AM
        To: discuss at ntlug.org
        Subject: Re: [NTLUG:Discuss] Real dangers of CR2

        Under the laws in the USA, the owner of the "at fault" vehicle in
any
        motoring incident is deemed to be the responsible party, and
therefore
        liable for damages. The manufacturer of said vehicle has to my
        knowledge only been held responsible in such cases as they could be
        shown to be criminally negligent, having knowingly sold a defective,
or
        unsafe vehicle. I would presume that the manufacturer of a computer
OS,
        or other software, might at least concentrate some of their defense
in
        that area.



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