Quoting Simon Hobson <li...@thehobsons.co.uk>:
You did not tell ME, therefore you did not have permission FROM ME to makes changes to the way MY server operates.
By using the software, you took responsibility for how it works. From the license: 11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. So until you prove they did something illegal, it is your problem to deal with, per the license.
Giving notice that you are going to trespass does not make that trespass legal, even if you had come directly to me door and told me in person - which of course no-one did even in computer terms of making any sort of related message appear on my system.
If you are on my property (say you rent or lease it from me), I can come in anytime. If you use my software, I can change it any time I want per my license agreement.
You also cannot claim that my downloading of updates constitutes an invite - it constitutes an invite to put AV sig updates on there for the purpose of detecting new threats. A poison pill update doesn't fit that description.
It is a free service they provide, not to you, but to anyone. So they owe you nothing. You didn't sign any contact with them that they would provide only valid signatures, or any at all. You assume the risk in using the feed.
See above, that does NOT in any way constitute requesting my permission.
Sure it does. Legally, in the US, when I want to do something that I'm legally required to inform the community about, all I have to do is take out an ad in the local newspaper. Or post signs in the affected area. If you don't read it, too bad. I made the required public notice. That is all that is required. I don't have to knock on the door, or phone, each person living in the area. I just have to buy an ad, or post the signs, or otherwise make the information available. There is no legal obligation to tell each and every person individually. Only to make a public announcement/posting a set time before hand. I'm not even trying to argue that this was or wasn't an illegal action. I'm just saying that the arguments are lame (calling it blackmail when it isn't, saying they need permission from each and every user when they don't, etc). Come on folks, make your arguments at least reasonable! -- Eric Rostetter The Department of Physics The University of Texas at Austin Go Longhorns! _______________________________________________ Help us build a comprehensive ClamAV guide: visit http://wiki.clamav.net http://www.clamav.net/support/ml
