Tag: terms and conditions

Who’s really liable for your spam-spewing zombie?

A thought just occured to me on the whole Qwest/GoDaddy (and whomever else EmailBattles finds) charge-for-spam fiasco.

Sooner or later, Qwest or GoDaddy will actually send someone a bill, that someone will claim they weren’t at fault, and the matter will wind up in court. Who is responsible?

These big companies will invariably try picking on someone small, like a consumer account. Someone will realize that a machine was infected with a spam-spewing zombie, but it will be difficult (and expensive) to explain to a judge or jury what a zombie actually is. And how did it get there?

Is this an argument that the computer, or its operating system (with all its built in security mechanisms – or lack thereof) lacks fitness for the purpose it was intended? Instead of just pointing fingers at the network and registrars, I’d suggest someone pay careful attention to software T&Cs as well.