Re[2]: Support the Sasser-author fund started

[Thierry <Thierry () Sniff-em com>]

Hello Tobias,

Sorry that I have to add my blub to that, however I feel like
most us on here are no laywers and as such should simply
calm down a bit and relativate a few statements. Here we go:

TW> It IS completely the author's fault.
It is his fault _the code exists_; he admits that.

TW> HE wrote it
Fact: He admitted writing the source code.

TW>  HE caused the damages
Fact: He admitted having distributed THE SOURCE CODE.

Even when media agencies report he admited to have spread it, German
police explicitely stated in a press conference which I saw : "he admited having
distributed the source code" which is a whole other issue.

It is hard to proof it was HIM who made/caused the damage, even if he
wrote the code to it there is no direct causal link to damage, unless
you see (sorry for the ridicul ever mentioned analogy) weapon manufacturars
being guilty of murder.


TW> and HE violated German law.
Since when german law forbids writing viral code? German law refers to
it as simple software code, and since that is not forbidden my nimble
logic (and the jurisprudence) tells me viral code ain't.

Germany has signed the Cybercrime convention agreement but has not
ratified it as of yet? (you might correct me on that since I am unsure
about if ratification took place).

Let's await the "judgement" we'll see, my guess is he gets a bit of
public labor to do. Let's say 4 month, and that's basicaly it.

TW> As much as MS products suck, MS has done nothing illegal.
Im Namen des Volkes,
Tobias sprach,
so sei es.

-- 
Best regards,
 Thierry                            mailto:Thierry () Sniff-em com

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