Full Disclosure mailing list archives
Re: Re: Your One-Stop Site For Sony Lawsuit Info
From: Volker Tanger <vtlists () wyae de>
Date: Tue, 22 Nov 2005 20:33:25 +0100
IANAL, but here with respect to German law: On Tue, 22 Nov 2005 09:13:26 -1000 Jason Coombs <jasonc () science org> wrote:
Paul Schmehl wrote:So, all those corporate execs walked out of the court house in handcuffs weren't really going to jail?
Let me know if the distinction confuses you and we'll discuss this more privately. You are aware that not every action of a person employed by a corporation is considered an action of the individual, right?
Wrong. It always includes personal responsibility (to a greater or lesser degree, depending on what exactly happened). If an accident or mishap happens during regular (legal!) work, it usually is on the liability of the corporation (as that is the usual risk of running an enterprise).
No individual programmer who writes spyware will ever be prosecuted for doing his or her job on behalf of a corporation.
At least he will get prosecuted for complicity, probably addidtionally for not reporting a crime, witholding evidence et al., too.
No exec who instructs said programmer to author said spyware will ever have personal criminal liability for giving said instruction.
He will - for instigation, complicity and additionally blackmailing a subordinate or ward (if the programmer's attorney is not too dumb). Maybe that personal responsibility is a late sequel to the lame Nazi excuse "I did not commit a crime - I was just following Hitler's orders." here in Germany, so it might not be as strict in the USA? Bye Volker -- Volker Tanger http://www.wyae.de/volker.tanger/ -------------------------------------------------- vtlists () wyae de PGP Fingerprint 378A 7DA7 4F20 C2F3 5BCC 8340 7424 6122 BB83 B8CB _______________________________________________ Full-Disclosure - We believe in it. Charter: http://lists.grok.org.uk/full-disclosure-charter.html Hosted and sponsored by Secunia - http://secunia.com/
Current thread:
- Google Base Petko Petkov (Nov 18)
- Re: Google Base DRE (Nov 19)
- Re: Google Base Alexander Klimov (Nov 20)
- Your One-Stop Site For Sony Lawsuit Info Larry Seltzer (Nov 20)
- Re: Your One-Stop Site For Sony Lawsuit Info Anthony R. Nemmer (Nov 22)
- Re: Re: Your One-Stop Site For Sony Lawsuit Info Jason Coombs (Nov 22)
- Re: Re: Your One-Stop Site For Sony Lawsuit Info Paul Schmehl (Nov 22)
- Re: Re: Your One-Stop Site For Sony Lawsuit Info Jason Coombs (Nov 22)
- Re: Re: Your One-Stop Site For Sony Lawsuit Info Volker Tanger (Nov 22)
- Your One-Stop Site For Sony Lawsuit Info Larry Seltzer (Nov 20)
- Re: Re: Google Base Jorrit Kronjee (Nov 22)
- Re: Google Base Petko Petkov (Nov 22)
- <Possible follow-ups>
- RE: Google Base Christopher Carpenter (Nov 18)
- Re: Google Base Petko Petkov (Nov 18)
- Re: Google Base Michael Holstein (Nov 18)
- RE: Google Base Christopher Carpenter (Nov 18)
- RE: Google Base Krpata, Tyler (Nov 18)
- Re: Google Base Mary Landesman (Nov 18)