I think you'd have to ask "why are they still required to use CrowdStrike or any AV provider?" I think once you find the answers to these questions you realize this is not a properly functioning product market.
How you can then build a publicly traded company on the back of a complete and total lie is another subject, but it's certainly also implicated in the above questions.
The thing is, crowdstrike isn't the only incompetent party here. Many major companies (looking at Delta) probably made it worse for themselves with a very poor response after.
So should crowdstrike pay beyond a reasonable measure because of Delta's poor response?
(Or equivalent in one's respective civil law system.)
This might be the easiest gross negligence tort case to show and litigate-- still hard but if everyone starts the lawsuits they can not pull the contract to protect them. They will try of course and they will fail in most but the obvious cases.
What you can not sue them for is not forseeable damages -- e.g. I lost my dream job because the computer died during the interview. But ceasing operations of a company is generally fair game. And plaintiffs can argue that no reasonable person could forsee and mitigate against this disaster so the failure is not due to plaintiff's "fault" negligence.
If nobody in CS realized how dangerous their process was, it’s not reckless.
I.e. investors have assigned roughly zero probability to CrowdStrike bearing the full cost of this incident, and set the market price accordingly.
With current shareholders wiped out entirely, it should then be re-listed.
A company-ending fine or judgment against Crowdstrike wouldn’t come with any great reason for a public takeover — Crowdstrike could cease to exist and the overall ecosystem would be fine.
Well, no; AIUI part of the problem was precisely that this update was pushed in such a way that it skipped any canary system in place. There might be a separate conversation to question what percentage of their users were taking advantage of its staged rollout features, but it's rather immaterial when the incident in question bypassed them even if users had configured it sensibly.
It depends on if/how it was communicated. If there's a big red box in the user manual that says, "this software might take updates that completely bypass any phased rollout you configure", then yes it was probably irresponsible to use it. If, however, the software lets you configure phased rollouts and fails to mention that they might just get ignored, then I don't see how the customer can be blamed at all. (And in both cases, if CS shipped such an update with exactly zero testing whatsoever, which strains credulity but is what I've read, then they still get most of the blame.)
APTs and organized crime groups have 24/7 staff to weaponize and integrate new vulnerabilities into their workflow as rapidly as possible, or have other contracted other groups to provide this service.
They don't care. They'll all get 6 figure bonuses too in management for 'weathering the storm' after the mishap and probably get more money because look what they can withstand, literally technology-murder and get away with it.
It's almost movie-grade evil villainy tier stuff lol