Subject: Re: VIRUS WARNING

From: Greg Skinner <[email-masked]>
Date: Sun, 7 May 2000 09:49:19 -0700 (PDT)

Keith Moore <[email-masked]> wrote:

> but sooner or later folks are going to be held liable for poor engineering
> or poor implementation of networking software, just like folks today can be
> held liable for poor engineering or implementation of bridges or buildings.

I don't see how, as long as the software manufacturers ship the software
with legal disclaimers, e.g. "We are not responsible for damages ..."
Also, bridges and buildings are built by licensed professionals, for the
most part.  Comparatively speaking, very few software professionals are
licensed in this way.  They do accept responsibility for damages; said
responsibility is factored into the cost of the bridge or building.
[Generalization] Much software is cheap and sold in bulk as a commodity.
If for some reason software became significantly more expensive that would
limit its spread and growth.  We would no longer have the thriving
industry we have now.

--gregbo

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From: Keith Moore <[email-masked]>
Date: Sun, 07 May 2000 15:29:32 -0400

> with legal disclaimers, e.g. "We are not responsible for damages ..."

sooner or later that phrase will be recognized as less valuable
than bovine feces.

Keith

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From: chris d koeberle <[email-masked]>
Date: Tue, 9 May 2000 16:10:51 -0400 (EDT)

> sooner or later that phrase will be recognized as less valuable

(In the U.S.) It has value, but only in disclaiming rights which are not
ordinarily legally present.  I cannot escape liability for causing an
auto accident by putting such a label on my car, but such a label can
provide evidence that a customer could not have reasonably believed that a
company was not assuming liability which would not ordinarily have been
legally assigned to it - for instance, if MS was not negligent in
any fashion, but Windows still manages to make my computer disintegrate,
I would have difficulty establishing that MS should pay for my computer
because of implied promises in their advertising.

Even in the stronger case where the license agreement states "by agreeing
to the terms of this license, the user agrees not to hold MS liable for
any damage caused by this product," this is generally worthless if MS is
negligent - you cannot waive rights to recourse for "any and all damage
which might potentially occer." 

-=I would imagine that if 1000 Rwandan's were hacked to death AT THE EXPO,
people would sure have raised a stink.=-