> >A question... has anyone ever
 > >seen the (US) legal system go after the owners of individual
 > nodes involved
 > >in a DDoS?
 >
 > That's irrelevant -- a standard DDoS attack involves compromised
 > computers.
 >
 > We're talking about an intentional DDoS attack (yes, it's just
 > HTTP hits,
 > but they are created for the sole purpose of using up the
 > resources of the
 > victim's website), and the owners of the computers that are involved all
 > agreed to participate.


Hence my position that there is no legal precedent... since up to now, the
participants in the most famous DDoS's could not be considered as having
"agreed to participate".  But that's all changed, and there is an unknown...
if there were legal action against Lycos, would/could the participants be
named as defendants in addition to Lycos... the question that may make some
balk at the idea of using their screensaver/system.  I wouldn't say the
question is irrelevant, just not clearly worded... perhaps:

"Has anyone ever heard of the (US) legal system go after the owners of
individual nodes involved in a DDoS, where the owners have knowingly
participated in the attack?"  In the context of the original discussion,
this question is VERY relevant, and could easily be on the mind of anyone
considering downloading and using the screensaver.

Again, talking strictly about Lycos, we're not really talking about a
DDoS... but it's easier to refer to it that way.  And Len's right... if
Lycos sets the bar at a certain height, others will come along and raise the
bar, or simply "also participate" which would have the end result of a DDoS
when all participants are combined.


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