http://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID622364_code402123.pdf?
abstra ctid=622364&mirid=1 or http://papers.ssrn.com/abstract=622364

Abstract: Both law enforcement and markets for software standards have
failed to  solve the problem of software that is vulnerable to infection by
network-transmitted worms. Consequently, regulatory attention should  turn
to the publishers of worm-vulnerable software. Although ordinary tort
liability for software publishers may seem attractive, it would interact in
unpredictable ways with the winner-take-all nature of competition among
publishers of mass-market, internet-connected software. More tailored
solutions are called for, including mandatory "bug bounties" for those  who
find potential vulnerabilities in software, minimum quality standards  for
software, and, once the underlying market failure is remedied,  liability
for end users who persist in using worm-vulnerable software.



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