Legal Question in Technology Law in California
Disclaimers
If someone was to make a web site and distribute trojan horses but included a disclaimer stating that the author of the file they have downloaded disclaims all damages and loss that may arise from the use, misuse, or inability to use the file and also stated the the file would execute a remote administrative tool which would allow someone access to their computer and that any data (such as but not limited to: passwords, files) could be modified by whoever could acess them as a direct result of the running of the program(which contains the trojan). Is it possible that the person who created the web site and the person who uses the trojan to gain access could possibly get in trouble even if the person who runs the program containg the trojan agrees to the disclaimer?
2 Answers from Attorneys
Re: Disclaimers
It's more than just possible -- it's likely, and the likelihood will increase with the number of victims. The trouble you could get into includes prison time, fines and civil damage awards. Don't even think about doing this.
Re: Disclaimers
There is no legitimate use for the program/trojan, to create it is criminal. No disclaimer or contract will protect -- it would be against public policy.
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