Discussing issues with Azure and Microsoft I have pointed out that Subscription from 2010 when I fist won my MVP are nowhere to be found.
That is called mischief and it is a prima facie intentional tort. So immediately there is culpability above simple negligence.
The ongoing abuses on the Technet and MSDN forums weigh heavily for an intentional malicious tort due to the ongoing removal of messages. Now the mischief with Azure weighs against penal interest for even worse culpability as the intent is a prima facie tort.
So given the intent is established, the penalties generally are worse. The fraud with my only known Azure developer benefit means additional harm which demonstrates the highest level of culpability.
Now in addition to the intentional tort of lost business due to the fraud as have more culpability due to the wildfulness. Damages would be greater due to the willfulness.
Civil litigation has been a remedy of last resort but given the harm to the site, the has to be remedy sought. Holding the content hostage is a very serious tort. The Criminal Code calls it extortion.
I have several textbooks including civil tort law, causation, and criminal law. The law library at UVIC is larger than a football field.
- Eric Colvin, Causation in Criminal Law, Bond Law Review, 1989
- John Sherman Myers, Causation and Common Sense, University of Miami Law Review, 1951
- W. Blake Odgers, The Common Law of England, 2nd Ed., Sweet and Maxwell, 1920
- Fieldthusen, Canadian Tort Law, 11th Ed, Margaret Hall at Thompson Rivers University