On 11/04/2010 1:06 AM, Gareth Nelson wrote: >> Not that the Lab actually needs anything resembling the TPVP to successfully >> take legal action against someone making pernicious viewers available or >> creating them for their own use. >> > I can use telnet to break into various TCP-based servers, does that > make the authors of my telnet client liable for my actions? > > I can also (and have done so as part of a few penetration tests) use > the metasploit framework to break into various machines - are the > authors of metasploit liable for my actions? > > > Unless there's some precedent to the contrary, it would seem that the > user remains liable and not the developer of the tools > It's a matter of intent. Some things are not actionable unless there was intent to cause loss or damage. Intent's something you need to prove in a court. Obviously, the developers of telnet clients - as a rule - do not intend for them to cause harm.
The law revolves around the punishment of those who make /choices /that lead to damage, but that gets a bit hazy. Certain kinds of negligence can be considered a choice, and so on. Tort law is rich and baroque. -- Tateru Nino http://dwellonit.taterunino.net/
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