[identity profile] jcaswell.livejournal.com posting in [community profile] techrecovery
This post made me realise that I'd forgotten to post something here.

Last night, an acquaintance pointed me towards a certain post in a newsgroup I visit occasionally.

Original post:
Ive just lost a lot of personal files due to a viral attack.I pay good money to blueyonder to protect me from this kind of threat yet Ive contacted them and they arent exactly being helpful.Has anyone any experience of taking an isp to court for damages?And what compensation can be expected.
(BlueYonder is a cable company here in the UK. I've used them for years without much in the way of problems.)

The thread went on with everyone saying "Hah! It's not their fault you fool. It's your responsibility to have anti-virus" - only not everyone was that polite. So he came back with multiple comments about how it's the ISPs responsibility to protect him from viruses. BlueYonder do actually provide a tool called PC Guard which is pretty sucky, but it does the basics of AV and spyware protection. This is free to all their subscribers. But no, it's not his responsibility to protect his pc. They should ensure they're not sending him viruses, dammit!

Later, he started another thread...
They are now trying to say they have no liability.
Blueyonder, dont use them.
Its going to court.
He still won't accept that he's in the wrong, even going so far as to say if there was a storm and he had a power surge that damaged equipment, he'd sue the electricity company.

I suspect this one is going to run and run...

Date: 2005-11-03 08:23 am (UTC)
From: [identity profile] kerberos.livejournal.com
Well keep us appraised, that sounds like a fun courtcase.

Date: 2005-11-03 08:41 am (UTC)
From: [identity profile] jahbulon.livejournal.com
Definitely sounds like a fun day at the local courts. If it gets even that far. I'm sure they'll just pull out the original contract and point at the Ts and Cs, demonstrating fairly easily that HE IS WRONG AND STUPID AND STUFF

Date: 2005-11-03 01:11 pm (UTC)
From: [identity profile] redqueenmeg.livejournal.com
What a jacka$$. I hope the judge has a clue and fries him.

Date: 2005-11-03 03:11 pm (UTC)
From: [identity profile] greylady.livejournal.com
This is why I believe that people who bring frivolous law suits before the courts should have to pay the court's costs (including pro-rated salaries/benefits of all the officials) on top of a nuisance fine.

If people want to take it to court, make them pay for the court's time. Maybe they'll learn not to be idiots. If not, they'll be too broke to be as annoying...

Date: 2005-11-03 03:29 pm (UTC)
jecook: (Default)
From: [personal profile] jecook
If it does go to court, I imagine that Blueyonder will either countersue for the frivoulous lawsuit, drop him as a cuntsomer after this is all over with, or (likely if I was running the show) both.

My guess is that blueyonder's legal counsel will chat with his legal counsel (if he EVEN HAS ANY!) and kindly point out that he hasn't a leg to stand one.

Date: 2005-11-03 04:50 pm (UTC)
From: [identity profile] klytus.livejournal.com
a cuntsomer

I almost sprayed raimen noodles on my laptop...

Date: 2005-11-03 07:55 pm (UTC)
From: [identity profile] geekgrrl-ca.livejournal.com
I wouldn't drop him as a customer, if he's stupid enough to keep paying I'd keep taking his money.

Date: 2005-11-03 09:14 pm (UTC)
From: [identity profile] ihateemo.livejournal.com
Just deny him phone support. :D

Date: 2005-11-04 08:02 am (UTC)
From: [identity profile] lions-tambua.livejournal.com
THATS! THE IDEA!!!
next time when iam leaving the highway at 3AM in the morning for an "natural-need-stop" and somebody should rob, rape, injure, etc me, i'll get the Police to court for not beeing there! :)))

Date: 2005-11-06 01:43 am (UTC)
From: [identity profile] scottish-alth.livejournal.com
Gah, what a tool, only time I had trouble was round about new years eve and ther servers crashed. [I was downloading something for a friend while I partied in the next room.

Thanks for the heads up on the PC Guard thing.

Date: 2005-11-06 01:46 pm (UTC)
From: [identity profile] scottish-alth.livejournal.com
afaik I havent had the upgrade yet, put I need to go and test it out.

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