[LINK] SMH: '4800 Aussie sites evaporate after hack'

[steve jenkin]

There was a court case in OZ many years ago where a vendor got sued for
faults in COTS software (wordprocessor).

The litigant got consequential damages, IIRC.

Can anyone on list with decent legal knowledge confirm this recollection
of mine?

Do "the 4800" have a "negligence" claim against Distribute IT?
Either individually or as a class action?

There are the "implied warranty" conditions of the TPA (now CCA)
administered by the ACCC.

Do these apply to all transactions, or only non-business?


=========================
>From the ACCC site:

"Services sold before 1 January 2011 must have been carried out with due
skill and care." (s66?)

and

"Consumer guarantees on services
"Care and skill
"Service providers must carry out all services using an acceptable level
of skill and/or technical knowledge. Service providers must also take
reasonable steps to avoid loss or damage when providing the services."


Roger Clarke wrote on 22/06/11 9:59 AM:
> [The key elements of this story are extraordinary:
> (1)  "[after an attack on the servers]... four of the company's 
> servers were "unrecoverable"".  (Okay, as they say, 'shit happens')
> (2)  " ... not only was the production data erased during the attack, 
> but also key backups, snapshots and other information that would 
> allow us to reconstruct these servers from the remaining data"
> 
> It's remarkable enough that a service-provider doesn't have the 
> capability to re-construct the software environment on which its 
> business depends.
> 
> But to have no secured backups of their customers' data beggars belief.
> 
> I've been tackling the problems of cloud services, both for business 
> and for consumers, but I'd assumed that standards in the mainstream 
> outsourcing industry were a great deal higher than this!


-- 
Steve Jenkin, Info Tech, Systems and Design Specialist.
0412 786 915 (+61 412 786 915)
PO Box 48, Kippax ACT 2615, AUSTRALIA

sjenkin at canb.auug.org.au http://members.tip.net.au/~sjenkin