> 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