full-disclosure - Re: Your One-Stop Site For Sony Lawsuit Info

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Date: Tue Nov 22 19:33:34 2005
From: vtlists at wyae.de (Volker Tanger)
Subject: Re: Your One-Stop Site For Sony Lawsuit Info

IANAL, but here with respect to German law:

On Tue, 22 Nov 2005 09:13:26 -1000
Jason Coombs <jasonc@...ence.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/
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