[opensource-dev] Stuff from my Lunch Bag

Tateru Nino tateru.nino at gmail.com
Sat Apr 10 08:27:15 PDT 2010

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

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