So, just so we're clear here, I go to Best Buy, I buy a computer, I bring it home, plug it into my cablemodem, and am instantly Pwned by the non-updated Windows version on the drive plus the incessant cable modem scanning, resulting in a bot infection... therefore I am negligent?
Do you actually think a judge would find that negligent, or is this just your own personal definition of negligence? Because I doubt that a judge, or even an ordinary person, could possibly consider it such.
One can argue (and I will) that there is indeed some culpability because the buyer bought the cheapest version of everything and connected it to a negligent provider's system.
Really? Because the *cheapest* version of everything seems to run the same OS as the most *expensive* version of everythiing. Best Buy -> Computers -> Desktop Computers -> Towers Only -> a Presario Sempron with Windows 7 Home Premium, $279. Best Buy -> Computers -> Desktop Computers -> Desktop Packages -> a Dell Intel Core i5 package with Windows 7 Home Premium, $859. So, since I mentioned Best Buy, but didn't mention anything about what was paid, I am hard pressed to imagine the basis for your claim, since the cheapest PC I was able to quickly locate runs the same OS as the most expensive PC I was able to quickly locate (it's of course possible that there are cheaper and more expensive at BB, as well as gear that does not run W7HP). Further, since the incumbent provider in many areas is also the *only* provider, I wonder what theory you use to hold the customer responsible for their choice of provider, or where they're supposed to get information on the "negligence" of a provider so that they can make informed choices of this sort. And are you really suggesting that people should expect to get Pwned if they buy an inexpensive computer, but not if they buy a better one? I can understand you saying "they can expect the hard drive to fail sooner" or "the fans will burn out faster", because that seems to be borne out by actual real world experience, but I wasn't aware that the security quality of Windows varied significantly based on the cost of the computer. ... JG -- Joe Greco - sol.net Network Services - Milwaukee, WI - http://www.sol.net "We call it the 'one bite at the apple' rule. Give me one chance [and] then I won't contact you again." - Direct Marketing Ass'n position on e-mail spam(CNN) With 24 million small businesses in the US alone, that's way too many apples.