Hmm, I believe that almost WITHOUT EXCEPTION, ALL EULA's from any company I have ever done business with disclaimed liability on behalf of that company should their product not work in some way.
Basically, the way I interpret it, whether it's Microsoft OS EULA, GNU, or homegrown, NO company is responsible for ANYTHING. In other words, caveat emptor reigns supreme, and you should NEVER buy a car from Microsoft. I think companies SHOULD be held accountable to some extent, the problem there is to what extent, and how do you prove it? The only way to determine whether you have any legal recourses in the event of such an intrustion is to examine that company's EULA with a fine tooth comb. Do they claim to provide any type of insurance? Do they have conditional clauses to these, such as "You must use X hardware devices, X OS (lol), X firewall product in order for your rights under this EULA to be applicable." EULA's differ on a per-company and per-product basis, that is really the only place to answer this question at the moment. --- "Hall, Duane" <[EMAIL PROTECTED]> wrote: > I have been a lurker to this mail-list for quite a > while, so here it > goes. I have come across an issue asked by > management about IDS > products. They are asking about the legality > issues. > > For instance: > > If we have a breaking and are using a commercial IDS > product and the IDS > software doesn't catch it, do you have any legal > recourse against the > commercial product vendor? > Can you sue them for not catching the intrusion. My > thinking is NO. > I'm sure the software license agreement takes care > of this. > > The same is asked if we decide to use an open source > product, like > Snort. I have said the same. > > I tried to give an example, for instance Microsoft. > If some one breaks > into a Windows server, no one but the administrator > is responsible. > You can't sue Microsoft, because you didn't apply a > patch or weren't > watching the server. > > Does anyone have any articles or case studies to > support my thinking.? > Any help would be appreciated. > > Duane Hall > > ************************** > Duane Hall > Security Administrator > Hastings Entertainment, Inc. > 806-351-2300 X-3945 > [EMAIL PROTECTED] > __________________________________________________ Do You Yahoo!? Great stuff seeking new owners in Yahoo! Auctions! http://auctions.yahoo.com
