Do A Nice Thing - Get Sued

davorg on 2005-10-03T12:43:29

I'm getting very close to just walking away from the nms project. A lot of the time it's just more hassle than it's worth.

This morning I woke up to an email from another "satisfied customer". Apparently people have somehow compromised his site through the use of our formmail program and are using it to send porn spam. This is, of course all highly unlikely but it's impossible to explain why it's impossible as he doesn't include any details of the attack.

And has he contacted me to ask for our help investigating the problem? Well no. He says:

I am now in the process of filing a complaint against you and your website hosting company for providing a tool that can be used in the generating and delivering of SPAM.

I really hate the culture that encourages people to react like this. To attack people immediately without seeing if the problem can be resolved amicably first. And this is getting more and more common. I'm starting to wonder if there's any point in spending time on a project like nms if you just get grief for it.

It's not all bad tho'. Amusingingly, he goes on to say:

I am also contacting Matt Wright to make him aware of your actions in dealing with his script.

I'd be interested to read that email exchange. Matt is completely aware of our project. He's fully in support of it. He even provides downloads of our programs from his site.

p.s. By the way, I should point out that I know I exaggerated in the title of this entry. As far as I know I'm not actually being sued.... yet.


I Feel Your Pain

ajt on 2005-10-03T13:08:23

Tell people what to do and they don't listen. Help them and they don't thank you. Give them something and they ask for more, or complain when they are unable to use it.

I always make a point of trying to email people to thank them for things I use. I know I can't thank everyone individually, but I try to add something a little positive to what I'm sure is an increasingly negative inbox...

doh.

Qiang on 2005-10-03T15:55:40

He should damned know that it's free software and use at your own risk.

this is obviously another clueless user show his frustration to the wrong people.

for you, it is unpleasent to wake up with in the morning. but this could happen to any project. so please don't let that discourage you from the wonderful nms project.

Re:doh.

jmcada on 2005-10-04T03:18:33

Free software is not alone: Microsoft and its suppliers provide the Software and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software.

Excerpt from http://www.microsoft.com/windowsxp/home/eula.mspx

Possible canned reply

itub on 2005-10-03T16:15:20


Dear Concerned User,

As you are surely aware, this software was licensed to you under the terms of the GPL or the Artistic License. Please pay special attention to the following clauses:

From the GPL:

NO WARRANTY

11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

From the Artistic License:

10. THIS PACKAGE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.

If you are unwilling to comply with these terms, please cease and desist from using our software immediately. Please be aware that using copyrighted software without complying with its license is considered copyright infringement.

Sincerely,
[fill in the blank]

-------

Of course, IANAL and all such disclaimers apply. ;-)

Re:

Aristotle on 2005-10-04T07:15:43

I was just about to suggest deleting the mail and giving the fact that most people are idiots no further thought, but this is even better.

Re:

malte on 2005-10-10T10:17:52

unfortunately those disclaimers are not valid in all countries. Anyway, nms is a great project. keep up the good work.

liability notice

tinman on 2005-10-04T19:01:49

A liability notice should do for the legal threats at least. Perhaps you should have one up and point the guy at it (no warranty or suitability for any purpose, don't sue me if you can't lock down your own server etc etc)