Bonum Certa Men Certa

If Microsoft Cannot be Sued Over Liability, Can it be Sued for Negligence?

"Our products just aren't engineered for security."

--Brian Valentine, Microsoft executive



Summary: Microsoft's inability (or unwillingness) to protect customers from severe flaws raises important questions regarding negligence

AS WE stressed last year, Microsoft publicly addresses flaws it is aware of only/usually when attacks begin. Otherwise, Microsoft lies about security. It tells what shareholders want to hear. So although the test of liability may not pass legal muster, negligence does. Should Microsoft be sued as some journalists have already suggested?



The latest serious exploit that affects Vista 7 (there are more examples appended at the bottom of this post) is so valuable for showing how Microsoft ignores security problems and improperly handles them until it's too late. SJVN argues:

I do wonder sometimes about Microsoft's quality assurance. No, I tell a lie. I always wonder about Microsoft's quality assurance. As in, "How can they keep making mistakes like this?" In the latest, a new SMB vulnerability has been found and exploited that can lock-up any Windows 7 or Server 2008 R2 system.

As reported in ComputerWorld, Laurent Gaffie posted details of the vulnerabilities, along with proof-of-concept exploit code, to the Full Disclosure security mailing list today, as well as to his personal blog. Gaffie claimed that his exploit crashes the kernel in Windows 7 and its server sibling, Windows Server 2008 R2, triggering an infinite loop. Or, as he puts in so well in the exploit's code: "'Most Secure Os Ever' --> Remote Kernel in 2 mn. #FAIL,#FAIL,#FAIL"

[...]

Oh, and Microsoft, hurry up and fix this. OK? This is embarrassingly bad.


This is not just "embarrassingly bad", it is practically very bad because exploit code is already out there while Microsoft is still "investigating".

Microsoft has reportedly begun investigating a potentially nasty denial of service vulnerability affecting Windows 7.


Microsoft has been caught hiding vulnerabilities and their fixes (secret fixes which invisibility of proprietary software enables), probably for raves about numbers, i.e. illusion of safety. How long has Microsoft known about this for and why is there no patch yet?

On Vista 7 insecurity:



Recent Techrights' Posts

Legal Letters Are Not Postcards
It seems like intimidation, nothing more
 
IAM Magazine is in Effect Dead, It's Now Fused Into Microsoft's Patent Troll (Which It Has Promoted All Along)
Microsoft-connected patent trolls in Europe [...] Now, in his new job, Wild can use his 'expertise' to help guide blackmail/extortion to better harm Europe's industry
A Huge Proportion of 'Articles' in The Register MS Are Actually Paid Spam of the Communist Party of China, Selling Compromised (for Wiretapping) Technology
The Register MS is having a go at becoming a marketing company or "B2B"
Top Officials Have Just Left Microsoft, Layoffs in Anything But Name
Microsoft's debt is very fast-growing
Local Staff Committee The Hague (LSCTH) Meets "Alicante Mafia" at the European Patent Office (EPO)
Report on meeting with VP1 and his team on 21 April 2026
UbuntuPit (ubuntupit.com) Has Deleted Slop Pages, Its Slopfarm Experiment Has Failed (Like Always!)
Turning one's site into a slopfarm is a death knell
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 23, 2026
IRC logs for Saturday, May 23, 2026
The "Next Big" Bonus for IBM's CEO Apparently Comes From American Taxpayers While Veteran IBMers Are PIP'd and RA'd (Laid Off)
the next big thing will be the CEO's bonus
Links 23/05/2026: Starbucks Scraps Disastrous Slopfest, Colbert’s Final ‘Late Show’
Links for the day
Gemini Links 23/05/2026: Poetry, Hobbies, ROOPHLOCH, and More
Links for the day
Government Bailouts Won't be Enough to Save IBM
Bailouts from taxpayers in the US
Links 23/05/2026: Social Media Bans and Demise of Userbase of LLM Chatbots
Links for the day
SLAPP Censorship - Part 85 Out of 200: The United Kingdom's Rating for Press Freedom Has Improved, But We Can Do Even Better
we see the US at #64
Sites Realise That Becoming More Active by Using Bots (LLM Slop) is Self-Destructive
We'll soon (maybe next year) also show that some of the 85+ KG of legal papers sent our way are computer-generated garbage, which might run afoul of some rules
European Patent Office (EPO) Strikes Persist, EPO Management Tries to Give False Impression of "Happy Staff"
EPO is trying to broadcast to the world a totally phony image of itself
Gemini Links 23/05/2026: Patience, LLM Chatbts Being Bad, and Unexpected Computer Surgery
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 22, 2026
IRC logs for Friday, May 22, 2026
Links 22/05/2026: Ebola Crisis and Samsung Averts a Walkout With Big Bonuses
Links for the day
The End of FOSSPost (fosspost.org), It Has become an LLM Slopfarm Like FOSSLinux
These sites will never get lucky with slop. These experiments always end badly.
Links 22/05/2026: Inflation Fears and Thailand Tightens Visa Rules for Tourists From Dozens of Nations
Links for the day
EPO Staff Representation Speaks of This Week's Discussion With the EPO's Budget and Finance Committee (BFC) Amid Mass Strikes
The Central Staff Committee's outline (prepared in a rush) or the "flash report"
SLAPP Censorship - Part 84 Out of 200: New Legislation Against SLAPPs on the Way (After We Reached Out to Ministers)
They dealt with the matter individually too, but we won't share this in public, at least not at this time
The Corrupt Lecture the Non-Corrupt - Part XXX - Where Was "The Ethics and Compliance Team" When the Family of EPO President Campinos Was Caught Doing Cocaine?
It remains to be seen if national delegates will tolerate this in future meetings
Gemini Links 22/05/2026: Esperanto Music History, Suspicious Adoption of Signal, and Unauthorised LLM Slop in Code
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 21, 2026
IRC logs for Thursday, May 21, 2026