[LINK] Identity theft virus infects 10,000 computers

[Deus Ex Machina]

Craig Sanders [cas at taz.net.au] wrote:
> On Sun, Aug 13, 2006 at 06:07:25AM +1000, Rick Welykochy wrote:
> > I just thought of something in this regard. How would one hold the
> > often multiple and disconnected creators of a FOSS product to account
> > for their security blunders?  It is easy enough to target and take
> > action against a particular software company. Much harder to target
> > individuals across multiple jurisdictions in multiple countries.
> >
> > As well, I suppose that legislation that exposes software creators to
> > such liability would have a chilling effect on open source (and other)
> > software. e.g. if I contribute some changes to the Firefox browser and
> > this change results the identity theft of 10,000 individuals, I'd be
> > toast.
> 
> why should you (or any free software developer) be liable for the use
> that people make of software that you (or they) make freely available?
> there is no contract between you - there can't be, as a contract
> *requires* value to be exchanged by all parties.

this is false. I was told by a lawyer that this is not the case. 
you can be liable for stuff you give away for free. otherwise someone
could provide you with a free service like for example cleaning your
carpets, which completely damages them and you would have no come back.

people cant waive all responsibility just by giving stuff away.

Vic