On Sunday 31 August 2003 11:46, David Cantrell wrote: > Why is it that some anti-virus software programmers are so fucking > stupid that their bugware sends me reports that I sent Sobig - which is > known to fake the sender address - to their moronic customers?
Well, IANAL and this without prejudice all that: but strikes me that you might have a decent defamation case here :) I am assuming you are an IT professional (I am not, but I think most on the list are). Therefore it could be argued that the email was defamatory in that it was damaging to your professional reputation. (NB: The email would have to have been accessible to - not necessairily read by - a third party.) Of course, the people who sent it might be able to cite a "fair comment" defence - because they could argue they sent the email in the beliefe that you had genuinely sent the virus. They might also argue that your reputation had not been damaged because just about every computer user on the planet has some piece of email "bounced" to them that claimed they'd sent a virus.