#Ethics vs. Sex on CDROMs
13 messages in this thread
Jan:
I was away for a long day of travelling/airplane/fiascos, so I apologize for
the delay in my response. I agree with Nick, I can't believe this could cause
you any problem at all. At minimum, it appears the publisher called _himself_
a porn dealer, not the reviewer!
While the dirty pictures might be disturbing, I'm most concerned about the
"Trojan Horse" business. Is there any kind of legitimate reason for
distributing this kind of thing? It scrambles the FAT? Is this something that
pc users like to do of a Saturday evening (you crazy kids 'ya-!)?
Are these types of things commonly available on shareware disc? If so, how are
they announced/billboarded usually? I would think it bad policy to distribute
anything of this nature because it can have no real purpose other than cause
damage. This kind of thing deserves to be regulated, just as ATF regulates
those who can sell dynamite or nitro. (Well, if you can make an analogy of
bubonic plague on hamburgers…!).
I have thought for sometime about developing a CDROM publishers code of ethics
to which the industry could contribute and subscribe. It would seem to me that
delivering a harmful program would float to the top of such a list.
Tell me more! – Best – Rich
Rich,
I'm not worried about a lawsuit, it's just the unmitigated gall (Lt. Worf's
appreciation of same not withstanding) that get's my goat. Talk about sticking
one's head in the sand! I think you are being overly kind, however, in what
you allow the publisher to call himself. A "porn dealer" is what he is and
admits it (laughing all the way to the bank). To distribute smut, and
especially Torjan Horses and to deny it, or at least not advertise the fact is
far more insideous!
By the way, I had heard that there is a concerted international effort to
develop a line of viruses for the MAC platform. Why should PC users have ALL
the fun! (Just joking, of course, I hope you MAC guys never have the
experience – in fact I'm shopping for a MAC right now, probably a CENTRIS, and
yes, it is because all my MAC friends wont let me get any sleep).
I believe there is a Federal Law against putting a virus or Trojan Horse on
someone else's computer. I know the Feds don't like it when someone sticks one
on (in?) one of theirs. I would assume that just about any judge would
construe distributing a disc with one on it in less than favorable terms. Your
analogy of selling nitro is appropriate.
Unfortunately, yes, viruses do creep into all sorts of things. I know of at
least two major software companies that have been contaminated and the speed
with which they reacted leads me to think they were intending to cover far more
than just their reputation.
There is a book on the market, called, I believe, "The Little Black Book" that
will teach you how to write these things. The newer versions are really
something, very clever, very thorough in their destructive capacity, very
difficult to detect or remove, and right up there will mass murder. Internet
has been the entre for many, (this is the five year anniversary of "THE
CUCKOO'S NEST", a neat book on the topic.
Oh, yes, just to make your day – I've heard there is a CD-ROM version of "The
Little Black Book" out now.
Rgds
Jan
Jan,
There are plenty of Mac viruses, believe me.
This guy should, as you and Rich point out, be more concerned about his legal
exposure for distributing a Trojan Horse, than about your review. It certainly
is illegal to knowingly distribute software that will damage a computer like
that… I'm not sure that disclosure of it will cover his butt or not.
Nick
Nick,
Sorry to hear Mac has it's share (I am in the process of buying a Mac).
The sale of the disc with the virus has been reported to authorities – they are
deciding if they have the time to do anything about it. I will keep you
advised.
Rgds
Jan
I've got to wonder whether the legal "attractive nuisance" theory would apply
to those trojan programs on the CD-ROM.
-bc-
Bruce,
Please explain the theory.
Rgds
Jan
Here are my impressions of "attractive nuisance" theory. I'm not an attorney.
If some legal beagle spots this and wants to correct me, so much the better.
My understanding: If you have a swimming pool in your yard and there is no
fence around it (or the gate's not locked) and there is no cover over it, some
person could wander onto your property, fool around and drown, or maybe crack
their skull if the pool wasn't filled. (Similarly, you might have some other
hazard which would tempt passers-by.)
As I understand it, even though these people were trespassing, you are still,
at least in part, responsible, because you provided an
"attractive nuisance". I don't know how much it matters if the person is a
minor, but in your case the CD-ROM user could be a minor just as easily.
The analogy that occurs to me is that the CD-ROM seller is providing an
insidious trouble-making program, all ready to run, on the CD-ROM. This seems
to be to be an "attractive nuisance", all set to cause trouble for an
unsuspecting user or even one casually fooling around. Even if it is labelled
as a "trojan", I think the theory still applies, because the swimming pool
wasn't disguising itself either. Its hazards were clearly visible, just as the
"trojan's" would be if it labelled itself as such.
Another, possibly separate, analogy occurs to me. There is the classic case of
protecting one's property be setting a gun to go off if the door is opened. It
isn't a valid legal defense against killing or injuring the trespasser to say
that they didn't belong there or that signs were posted (as I understand it).
A "trojan" program with a warning seems, to me,
to be a lot like that loaded gun with a warning sign outside.
Maybe they'd have something to say in the legal forum…
-bc-
Hi Jim!
Knowing your publishing background and experience, I'm sure that you are right.
I don't want to hurt this guy or his company. Nor do I want him to hurt me or
mine. I keep coming back to a situation that I face every day, and I am still
a lot confused – maybe you can help me find an answer. As you know, I live on
a ranch in the boon-docks of Texas. We have lots of wild life around here.
Two days ago, a fawn came into our backyard. I have a pet wolf. I enjoy
watching the red-tailed hawks hunt rabbits and mice. My idea of being close to
paradise (Texas, and all that). We also have rattle snakes and copperheads.
They have as much "right" to live as I do. When we cross paths, I don't want
to kill them but I am very much afraid that one might get stepped on by my
wife, my grandchildren, or even me. They bite and they are deadly. So when I
meet them, I kill them, even if I do regret it. I know I am intruding into
their world–they were here long before me. I want to coexist peacefully but
they probably don't understand the concept. So I become the aggressor and kill
on sight.
Sort of like writing reviews, isn't it?
Rgds
Jan
Jan:
I can appreciate your analogy, but truthfully I'm still working on the idea of
"paradise" and "in the boon-docks of Texas" in the same paragraph <G>!
Hope to see you in Atlanta!
Best – Rich
Rich,
Thanks for the note.
Shall I send you a collection of good country music that PROVES Texas is as
close to paradise as a non-Texan can get?
Happily, though, if you're willing to move to Texas and do pennance for about
fifty years, learn how and when to say "y'all", and call your father "Daddy",
you may be admitted to the fold.
Sorry, I wont be able to meet you in Atlanta. I just can't bear to leave
Texas, even for just a few days!
Rgds
Jan
Jan:
Next time I'd appreciate a little warning – a chance to ge my high boots on
(or is it "owwn").
Now, let's see, do the pants legs stay outside, or get tucked in? A whole new
set of fashion issues to deal with!
Best – Rich
Rich,
Aw, common! Its "en", just like its "erl", and you left one "o" out of
"booots".
Girls tuck them in, boys don't.
Saw a neat tee-shirt on what appeared to be a senior bank president as a
Bar-B-Que:
It had a picture of a mangy cowboy on skis, flies buzzing round his head. The
caption:
"If God had intended for Texans to ski, he'd made B.S. white!"
Part of the fun in being a Texan is being able to laugh at oneself. A little
town near where I live has the sign:
Welcome to XXXXX!
Now,
GIT OUT!
Rgds
Jan
Jan:
ROFL! I'm going to have to appropriate that sign for my office!
Take care – Rich