[Dshield] Microsoft suit could set precedent for bad software

Peter Stendahl-Juvonen peter.stendahl-juvonen at welho.com
Tue Oct 7 16:42:20 GMT 2003

Of general interest?

"Microsoft suit could set precedent for bad software"
By Shawna McAlearney, Information Security Magazine Online Editor
06 Oct 2003 | Information Security Magazine, at:


"Though the litigation targets only Microsoft, legal experts say the
case may impact vendors across the industry. 

"I think it sends a wake-up call to other vendors who maybe aren't quite
as quick in sending advisories and providing patches as Microsoft,"
Michael Overly, a partner in the IT group at Foley & Lardner, says in
regard to notification provisions in California Senate Bill 1386. 

Baker says the litigation will face at least a few significant
obstacles. Chief among them, a legal disclaimer in the end-user license
agreement. He also notes that proving legal liability for failing to
prevent bad acts by someone else is far more difficult to prove than
liability for an injury caused by negligence."


Best Web Links on key cases, precedents, at:

SearchSecurity.com technical tip: "Windows 2000's SP4 can be a mine
field", at:


    "Thieves respect property. They merely wish the property to become 
         their property that they may more perfectly respect it."
            G. K. Chesterton (1874-1936); British author.

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