The legal implications of viruses |
| |
| Affiliation: | 1. Bruegel, Belgium;2. Potsdam Institute for Climate Impact Research, Germany;3. Florence School of Regulation, Italy;4. Universidad Pontificia Comillas, Spain;5. University of Muenster, Germany;1. Nuertingen Geislingen University; Team Europe Germany of the European Commission; Chair of Corporate Finance, Department of Business Administration, Economics and Law, Technical University of Darmstadt, Parkstraße 4, 73321 Geislingen, Germany;2. Technical University of Darmstadt, Jean Monnet Centre of Excellence "EU in Global Dialogue", Jean Monnet Chair, Institut for Political Science, Dolivostraße 15, 64293 Darmstadt, Germany;1. Population, Policy and Practice, UCL Institute of Child Health, University College London, London, United Kingdom;2. School of Population Health, University of Adelaide, South Australia, Australia;3. Robinson Research Institute and School of Paediatrics and Reproductive Health, University of Adelaide, South Australia, Australia;4. Vaccinology and Immunology Research Trials Unit, Women''s and Children''s Hospital, South Australia, Australia;5. School of Social and Community Medicine, University of Bristol, Bristol, United Kingdom;1. University of Bergen, Norway;2. University of Birmingham, UK;3. Autonomous University of Barcelona, Spain;4. NOVA University Lisbon, Portugal;5. IT University Copenhagen, Denmark;6. Adam Mickiewicz University, Poland |
| |
| Abstract: | By now most readers will have heard something of the damage that can be caused by computer viruses. These programs are created by mischievous individuals for the sole purpose of disrupting a computer system or any software with which it comes into contact. Any victim of one of these attacks is going to concentrate initially on getting his system up and running again and his business back to normal. Subsequently he may want to consider his legal position and more importantly what redress might be available against the perpetrator if he can be found. His difficulties are only just beginning since the law will not provide immediate answers. There may be no problem on the criminal side as there is a good chance that the producer of the virus will be liable for criminal damage under the Criminal Damage Act 1971. Much more difficult to determine is the question of damages for any losses sustained during the attack. Moreover, if a software retailer has sold an infected disk to a customer who subsequently uses it to his detriment, can the supplier be sued by the customer either for breach of contract, misrepresentation or under the tort of negligence. To what extent will any exclusion clauses operate to protect the supplier from such claims and if damages are in prospect for what types of loss can they be claimed. A victim of a computer virus will have major problems quantifying his loss, quite apart from the numerous legal obstacles he must overcome in the first place to reach that stage in court.Bernard Zajac now comments on some of these questions following interviews he had with a number of US legal experts on the subject. Some interesting conclusions emerge. |
| |
| Keywords: | |
| 本文献已被 ScienceDirect 等数据库收录！ |
|
