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Re: Open Letter to D-Link about their NTP vandalism

  • From: Alain Hebert
  • Date: Tue Apr 11 17:58:51 2006



Paul Vixie wrote:

I've said in other forums the only solution for this sort of
software is to return the wrong time (by several months). The
owner might actually notice then and fix the problem.


that creates new liability, and isn't realistic in today's
litigious world.


(Suprise to read that from PV.)


Why? It may be the voice of experience. ...


Because its DIX ressources... They can do whatever they want with it.

actually, not. who owns the resources isn't as important, to a judge, as
whether someone is damaged and whether that damage resulted from an
intentional act. the "voice of experience", if i have one, says that if
DIX wants to cease providing this service they can do so safely, but if
they decide to deliberately return the wrong time, and if that wrong time
costs or loses somebody else some money, then a judge would take it seriously.

again, denying service (assuming there's no explicit contract to provide
it) is unquestionably safe. i was responding to the proposal that the wrong
time be deliberately returned. you'd be betting that nobody would notice
or that it would cost nobody money -- which isn't a safe bet, since someone
can always find ways to allege that your intentional actions cost them money.
(as opposed to your deliberate inaction, as in the case of denying service.)

note, IANAL. but i've been sued by experts, and even stupid lawsuits cost a
lot to answer/defend, and not all stupid lawsuits are provably frivolous.

I see that...

Anyway legal thread always finish in the same dead end...

Lets get DIX case into the media and get DLink to take its responasbilities. I'm sure with enought spin in the right media (blog/Wired/Computer Show) this could be solved quite rapidely.

Have fun...

--
Alain Hebert ahebert@pubnix.net PubNIX Inc. P.O. Box 175 Beaconsfield, Quebec H9W 5T7
tel 514-990-5911 http://www.pubnix.net fax 514-990-9443