Zeldamoron said:
I wouldn't be surprised if some n00bs have already downloaded it
but this thread has only been up for a very short amount of time
and the number of members who've been online and on the rom hack and translation threads have been very few (i often keep an eye on who's online in the threads lol)
so odds are very few, next to none, has probably downloaded the link
lets at least hope in the small number of users who read this page when the link was up, wasn't n00bish enough to download the url
agreed but........
Many people are curious about whether or not there is any legal recourse for the victims of a virus. People who create viruses are somewhat safe from prosecution for the moment because no specific law exists making computer viruses illegal. However, the Computer Fraud and Abuse Act of 1986 makes it a felony to gain unauthorized access to classified information. The act also makes it a misdemeanor to access financial records in financial institutions or to trespass into a federal government computer system.
Victims of computer viruses have legal recourse against the person who created the virus because a virus can be construed as a malicious act. Recourse against a commercial software producer who unknowingly sold a program containing a virus depends on the particular state laws' stance on shrink-wrap contracts. However, some law experts say that a manufacturer is not to be held liable for defects or damages to the user's machine.
from
http://acct.tamu.edu/smith/virus.htm
witch states that this is a direct disobedience to the Computer Fraud and Abuse Act of 1986 witch means every thing that is classified that you have gained unauthorized acces to is breaking a law but this doesn't mean a n00b could have anything like that but it is still a felony also....
The following is an interpretation of the laws in the USA and
Canada, and has no legal standing as an authoritative document in
those countries or any other. Relevant legislation in other parts of
the world may be very different and in some cases far stricter.
Many thanks to David J. Loundy for his assistance with the legalities
regarding computer crime. A valuable source of information on this
topic can be found in his E-Law paper, which can be accessed
via the URL:
http://www.Loundy.com/E-LAW/E-Law4-full.html
It is illegal in both the USA and Canada to damage data within
a computer system which is used or operated by the
government. This means that if you write a virus, and it
eventually infects a government system (highly probable),
you are in violation of the law. Inclusive in this category
are damages incurred due to computer stoppages (i.e.
writing a virus that causes a computer to crash or become
unusable), and viruses that destroy data.
The question regarding the writing of malevolent computer
viruses being illegal isn't really that hard to answer: It is
illegal to write and spread a virus that infects a government
system. Federal law is unclear as to whether this extends to
private computer systems as well, but State statutes are frequently
unequivocal about defining virus-related crimes against property.
The question has come up, however, about the distribution
of viruses and virus-related programs. A general guideline
is that it is legal to distribute viruses, for example, on a BBS,
as long as the people who are downloading the virus know
EXACTLY what they are getting. If you intentionally infect a
file and make it available for downloading, you may be
subject to prosecution. Your conscience should be your
guide in this kind of a situation. If a virus distributed by you
is used to damage or otherwise modify a major system, you can be
held accountable.
Note that there are different kinds of distribution for viruses.
If you simply make a virus available on a web page, and clearly
label it as such, then you are unlikely to face any (criminal)
consequences. The possibility exists, however, that you could
be charged under "incitement" laws - in other words, it could
be argued that distributing viruses on web pages (even if clearly
labeled as such) amounts to inciting other people to use the
viruses to break laws.
If you distribute the virus via newsgroups, however,
you may be held liable. Distributing viruses via newsgroups, e-mail
lists, and the like can lead to prosecution because these media 'push'
viruses to people who would otherwise not want them on their systems.
This is not the case with simply placing a virus on a web page (provided
your ISP doesn't have problems with it). Keep in mind, however, that
an ISP's stance on viruses can change quickly if negative publicity
comes about due to their inaction in removing the viruses on their
systems.
The reason that the explanations in this section are vague
is that the laws in various states, provinces, etc., are
different, and you should check with your local police before
you decide you want to distribute viruses.
If you spread a virus unknowingly, you generally cannot be
prosecuted unless it can be proven that you spread the
virus due to pure carelessness. The definition of
carelessness has not been tested in a court of law, as
far as I know at the date of writing (9/22/95)
