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Gamespy Installer Spreads Nimda

NSG writes "Yahoo News is running this story about the Nimda virus infecting some Gamespy Arcade 1.09 installers. Approximately 3,100 infected files were served in a seven hour period. What responsibility does Gamespy have to the users who downloaded the infected file?"

7 of 171 comments (clear)

  1. None, I'm guessing... by Shade,+The · · Score: 4, Insightful

    Legally anyway. I haven't looked at the EULA for Gamespy (haven't downloaded it, actually), but I'm betting some large odds it'll have some clause in it saying they're not responsible even if it destroys your computer, sets fire to your home, and heralds the End of the World.

    Whether this will stand up in court would be interesting to see, though. And the precedent it would set would be very wide ranging.

    1. Re:None, I'm guessing... by yomahz · · Score: 4, Insightful


      Legally anyway. I haven't looked at the EULA for Gamespy (haven't downloaded it, actually), but I'm betting some large odds it'll have some clause in it saying they're not responsible even if it destroys your computer, sets fire to your home, and heralds the End of the World.


      You mean like this one and this one, and this one, and every other EULA I've ever read?

      --
      "A mind is a terrible thing to taste."
  2. Liability? Read their TOS. by User+956 · · Score: 4, Informative

    They're legally immune. From the GameSpy Website:

    To the fullest extent permitted by applicable laws, GameSpy and its employees, agents, suppliers, and contractors shall in no event be liable for any claims, charges, demands, damages, liabilities, losses, and expenses of whatever nature and howsoever arising, including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if GameSpy has been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Web Site, software, or any Web Site with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary.

    --
    The theory of relativity doesn't work right in Arkansas.
    1. Re:Liability? Read their TOS. by I+Want+GNU! · · Score: 4, Insightful

      Not necessarily. Just because a company states that it isn't liable for anything doesn't mean it is. Several rights cannot be forfeited in contracts. If they could, companies could make people indentured servants instead of foreclosing on them. The EULA is designed to make a user think he or she has no rights, not to actually take them all away (although it does take away some rights).

  3. They copied Microsoft by I+Want+GNU! · · Score: 5, Funny

    I can't believe GameSpy is doing this. It's sooo passé. Microsoft already did this. Next time GameSpy wants to get infected, it should be original and choose a different virus, maybe W32.Klez.E or even a McAfee homebrew bug, instead of just copying MS because it's an industry leader. Me, I prefer my KaZaA virus, because it has its own EULA.

  4. alternatives by Barbarian · · Score: 4, Informative

    Although many people believe they HAVE to use Gamespy Arcade to play their favorite game online, and some games bundle it on the CD and suggest you install it, most games also include their own in-game browsers and there are also alternatives available which don't try to force you into a chat room when ever you want to look for a game or shove banners in your face, although some (pingtool) are dead.

  5. Re:Who downloads it anyway? by yomahz · · Score: 5, Informative


    If a game doesn't have an ingame browser, then I stick to direct connect, or single player. I shouldn't have to run external programs to play games online.


    Most in game browsers are really half assed and lame as hell.


    I make a habit of not trusting any software that has to scan your entire harddrive in order to 'find' games.


    Well, if you don't have the source to a program, you don't have any idea what it's doing anyways. At least it's telling you. You can always cancel it you know...

    One thing I do have to say is that gamespy "Arcade" is really lame compared to Gamespy "3D"... Arcade just seems like a spam filled piece of crap..

    --
    "A mind is a terrible thing to taste."