| | Re: Group tries to hold MS responsible for crapware apps and oses
Matt Silberstein wrote:
> On Wed, 10 Aug 2005 01:15:07 -0500, in alt.computer.security , "Jbob"
> <nobody@SpamCox.net> in
> <Q66dnZ2dnZ3cq2iwnZ2dnfYGZN-dnZ2dRVn-zJ2dnZ0@comcast.com> wrote:
>>Interesting! So if I go to your house, break your windows to gain access
>>and rob you blind, are you gonna sue the manufacturer of the glass because
>>it was breakable? Well no you of course!! Hypothetical.
>>Now apply that to ones car, or front door, etc.
> If the glass is sold with the claim that it can withstand 60 mile an
> hour winds and it breaks at 20, the manufacturer can be held liable.
> If a car is sold that it is safe and it flips over on any turn, the
> manufacturer can be held liable. Software is no different.
> But it can get worse. Are you responsible if your computers send out
> viruses? You are responsible for pollution. You are required to meet
> fire codes and can be responsible if your building catches fire and
> burns your neighbors. How about if one of your servers is compromised
> and spams?
One can sue all they like. If you read the license, Microsoft doesn't
warranty that the software is suitable for any task, further warns folks
not to use it for real time applications or in any application that
might risk life or limb.
They don't even sell you the product, you don't own it, and they can ask
for the software any time for just about any reason.
Further the license supersedes any advertised or implied warranty for
Microsoft is doing us all a favor by letting us use it for a fee.
I would bet that MS will pay a large number of lawyers some very high
fees that will be reimbursed by the plaintiff.
That long gobbledygook license was written by some very high paid
lawyers, which courts have held binding in precedent cases. I don't
believe MS could afford to lose a case like this, and I expect they will
expend serious effort to avoid similar litigations. I would not expect
MS to settle out of court in this case, further I predict, they will
break the litigants with fees. Any bets?