From http://www.sophos.com/virusinfo/articles/sasserfbi.html :
Microsoft has announced that it is working closely with law enforcement agencies, ... in an attempt to try and identify those responsible for the widespread Sasser internet worm.
Question: Will they be starting at Microsoft's headquarters, and arrest Bill's developer staff?
That depends: If a manufacturer discovers a defect and issues a recall, is it liable for damages that occur *after* the recall has been carried out?
To bring back the eternal car analogy: suppose someone discovers that a particular Ford model has defective airbags that will explode if the car is hit from a certain direction. Ford issues a recall, there's been time for people to go in and get the airbags fixed. Then someone goes around and starts hitting these cars with a sledgehammer in such a way as to trigger those airbags that haven't been replaced.
In this scenario, Ford would bear some liability for injuries, deaths, etc. from the defective product before the recall (shared, of course, with the people who caused the collisions), and possibly early in the recall period. But what about damages *after* the recall, *after* people have had the opportunity to get their car fixed? Assuming they didn't know about the defect when they sold the cars, is Ford still liable legally? Morally?
Kelson Vibber
SpeedGate Communications <www.speed.net>
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