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Old 2005-12-07, 21:18   #5
Oct 2005

22·32 Posts

I should point out a few things:
I am NOT a computer retailer;
I am English and I live in England;
I am in no way advocating or defending the covert installation of Prime95 or any other software.

I don't entirely agree that users would become aware Prime95 was running. Most users don't even know of the existence of Task Manager, much less what anything running is for. It would be easy to change the name of Prime95 to "explorer" or "svchost" - two real, vital processes - or maybe "sysman" or "winxp" - two I just made up. The casual viewer of Task Manager would hardly question those processes running on their system.

I'm not sure we have such a thing as a "class action" in our legal system, rogue, but I get your point.

We are far less litigious here in England than in the US, thank Goodness. And damages are awarded by a Judge, not a jury, and are, consequently, far more sensible. (I believe that US juries award outrageous damages in the hope that, should they one day find themselves in the same position they too will be awarded an inordinate sum.)

Peter - does a processor use more power the more it is utilised? (I am not arguing the point, just asking.)

A cursory reading of the Computer Misuse Act 1990 would seem to show that the only possible offence applicable would, I think, be "3.(2)(a) to impair the operation of any computer;", and that is debatable if Prime95 works as advertised ie only using 'idle' time. I'm not a lawyer, so I could be wrong.
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