[Sussex] Suing Microsoft

[Geoff Teale]

Steve wrote:
------------
> I agreed.  The law is to slow to react to the modern IT world.
> I'm just waiting for a time when a new law comes onto the statue
> books just as the last person upgrades to a replacement technology.
> 
> Just out of interest what does your legal expert (name withheld to
> protect the guilty :-) think about the different speeds between the
> two systems? 

Sarah get's bored of me going on about it :)

The answer is that lawyers will tell you the law changes as and when it
becomes an issue.  THe problem is not how out of date the law is - but how
should a court decide _which_ expert to believe.  It isn't uncommon for
courts to make a decision on something they don't understand based on what
they believe to be the most popular perception.

This of course is not the right way to do things, but it goes widely
unnoticed by those who don't have a deep understanding of the facts.  We see
it with specific regard to IT and believe we are an especially wronged
community.  The truth is most scientific and technical communities suffer
similarly.

Alexis de Tocqueville made a point in his work "Democracy in America" which
basically amounted to this - is it better to make decisions by Democracy of
Meritocracy?  i.e., which will result in a better decision - the majority
vote of 56 million people who don't understand the problem or the concensus
of opinion of 200 people who do understand the problem.  Neither I or de
Tocqueville suggest that Democracy is not he way to go, but we have to
understand that sometimes the institutions of a democracy will do stupid
things because the average person is only of average intelligence.

> That's fine if they are using the effect software.  But what if the
> virus causes your machine to send out infected e-mails?  They've
> done the correct thing - the weak link is you.

But the I would have no course of action against them anyway.
   
<snip>

-- 
GJT
Free Software, Free Society. 
http://www.fsf.org   http://www.gnu.org

You have created a powerful solution for which there are no problems.
Everyone is impressed, but duly confused.


The above information is confidential to the addressee and may be privileged.  Unauthorised access and use is prohibited.
 
Internet communications are not secure and therefore this Company does not accept legal responsibility for the contents of this message.
 
If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it, is prohibited and may be unlawful.
 
Claybrook Computing Limited is a subsidiary of Claybrook Computing (Holdings) Limited
Registered Office: Abbey House. 282 Farnborough Road, Farnborough, Hampshire GU14 7NJ
Registered in England and Wales No 1287205
 
A Hogg Robinson plc company