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More Malicious code... RRS feed

  • General discussion


  • If MS does not start dealing with this I (may) file a complaint against MS with the appropriate criminal authorities.

    https://social.msdn.microsoft.com/Forums/vstudio/en-US/a9533e3b-565b-40fa-b328-d385c3ea618a/help-how-to-use-sendmessage-to-delete-item-listview-in-external-program?forum=vbgeneral

    Aiding and abetting a crime.

    "It is necessary to show that the defendant has wilfully associated himself with the crime being committed, that he does, through his own act or omission, as he would do if he wished for a criminal venture to succeed"

    https://en.wikipedia.org/wiki/Omission_(law)

    "An omission is a failure to act, which generally attracts different legal consequences from positive conduct. In the criminal law, an omission will constitute an actus reus and give rise to liability only when the law imposes a duty to act and the defendant is in breach of that duty. In tort law, similarly, liability will be imposed for an omission only exceptionally, when it can be established that the defendant was under a duty to act."

    http://www.ericgoldman.org/writings/websiteliabilityalert.htm

    "Contributory infringement occurs when a party knows of an infringing activity and substantially participates in that activity. While the existing cases have not definitively addressed when a website is contributorily infringing based on its users’ activities, the cases generally have suggested a notice-based liability standard. In other words, once a website receives notice that a user is committing infringement, the website will be deemed to be substantially participating in the infringement if it does not remove the infringement within a reasonable period of time."

    http://trial.laws.com/evidence/preponderance-of-evidence

    "what is meant is the importance of evidence, the accuracy of the evidence, and the convincing nature of the evidence, as opposed to pure quantity of evidence. A preponderance of evidence thus might be generated from a single witness who provides reliable, clear, and truthful testimony which invalidates all the numerous points of evidence generated by the other side of the trial.   "

    http://www.legalmatch.com/law-library/article/criminal-activity-and-social-networking-websites.html

    "Many lawyers and even judges have begun obtaining information from social network websites for use as evidence in trial.  Again, this has caused much debate; however, the general consensus is that such information can be used as evidence in court, sometimes without the person’s approval. "

    NOTICE:


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    Sunday, June 25, 2017 9:54 AM

All replies

  • Tommy, I realize you are upset over this recent string of threads but there is really nothing illegal occurring here.  I'm afraid you've bolded the wrong parts of those statements.  There can be no crime of omission because there are no laws concerning anything occurring in the threads in question.  Yes, combined, those threads may provide evidence toward the particular user's intent, should they be accused of some hacking crime; but in-and-of themselves, the threads do not break any rules. 

    There is no law on record which requires a forum operator to aggregate a user's contributions and monitor them for suspected malicious behavior.  Without a law requiring this kind of investigation of contributions, there can be no legal omission.

    Now, when the results of an independent investigation are brought to the forum operator's attention, and nothing is done about it, it could be considered irresponsible - but not illegal.  However, even calling it irresponsible may not be valid if in fact there has been no actual policy violation in any of the threads, despite their apparent theme... reason being:  first amendment rights. You quickly wind up in censorship territory.

    If you want to report a user for their overall activity when no particular post contains actual violations to mark as abuse, consider reporting the account as detailed in the TechNet Wiki article How to Ban or Report a TechNet or MSDN User Account. This will bring the activity to the attention of the correct folks and if any further actions are warranted, they will take care of it.

    Keep in mind that MS has a vast legal team and as an organization they are keenly aware of their responsibilities and duties as spelled out by the law.


    Reed Kimble - "When you do things right, people won't be sure you've done anything at all"

    Monday, June 26, 2017 3:00 PM
  • Reed,

    Heard it all before. I am not going to put up with it.

    MS has a duty as I showed. And they have been notified. And there is also passive and active negligence.

    Say you leave a running chain saw in front of a 3 year old. No crime has been committed? What's the problem?

    The day will come where it will be shown that a crime WAS committed. And when that day comes maybe it will be shown that MS contributed by passive negligence and failure to perform duty even after they recieved notice that the post on their web site can be malicious.

    Are you willing to take that risk MS?

    I am not. I think there should be discussion and action.

    You know how the election was so called "hacked". It was from phishing emails where the election board memebers themselves gave away access to their own accounts by opening and responding to email with malicious attchments that fooled them into thinking it was ligit.

    Just like the stuff we see in the posts asking how to spam email and this and that and the other...

    It would not surpize me a bit if it turned out code still posted on a MS forum was involved.

    So, to me, its just matter of a few simple rules and a few watchful eyes and instead of erring on the side of PCness we should err on the side of what is safe.

    At least we are trying instead of giving up by saying it does not break the rules and no crime was commited as far as we know.

    If forum members dont like it let them go pound sand.

    And finally that works both ways. I can leave anytime too.

    ;)

    PS Reed I know its not up to you and etc. and nothing personal.

    Monday, June 26, 2017 4:01 PM
  • Same here, nothing personal.

    Since this is really more of a discussion about forum usage than anything particular to VB, I'm going to move this to a forum usage forum.


    Reed Kimble - "When you do things right, people won't be sure you've done anything at all"

    Monday, June 26, 2017 4:17 PM
  • Reed,

    I can not imagine that you know all the laws in the world. 

    You probably wrote this totally with the USA in mind. The USA population is one of the fastest growing, but still it has yet not more than about 8% of the world population. 

    The Nazi leaders in the WWII time did the Holocaust completely confirm their own laws, so they did in their eyes legally the killing.

    Try to think as a world citizen. (I can write more, but don't want to make this a kind of political statement and will probably be misunderstood).

    I know that the comparison with the Holocaust is huge. However, using the First Amendment to proof it is not malicious is in my eyes as well overdone, AFAIK can only the supreme court of the USA decide about that.


    Success
    Cor


    • Edited by Cor Ligthert Tuesday, June 27, 2017 2:41 PM something I did not want to write
    Tuesday, June 27, 2017 1:18 PM