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From: "Dale King" <KingD@TCE.com>
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Subject: Re: software suits, was Re: Long names are doom ?
Date: Tue, 12 Jun 2001 08:20:37 -0500
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<tmoran@acm.org> wrote in message
news:Kk6V6.82266$%i7.62035400@news1.rdc1.sfba.home.com...
> >Unfortunately, a software lawsuit would have little ground to stand on.
> >Imagine if McDonald's required all customers who order hot coffee to sign
an
> >agreement before they are given the coffee where they acknowledge that
the
> >...
> >agreement: "IBM does not warrant uninterrupted or error-free operation of
>   If my doctor used that IBM software and harmed me, I would sue the
> doctor *and* IBM.  If IBM then wants to sue the doctor for improperly
> using their clearly labeled dangerous software, that's between them and
> the doctor.  If my car crashed because of a software glitch I'd sue the
> car company, whether they created the buggy software themselves or
> bought it from IBM.  And if my doctor or auto dealer said I'd have to
> sign a "hold harmless" agreement, I'd go elsewhere.

Note that I didn't say that there is no grounds for a lawsuit, just very
reduced grounds. Yes, in extreme cases of negligence on the part of the
software companies when selling an application for a life-threatening
application (the term we use around here is a heart-lung machine as in the
software does not have to be perfect since it is not a heart-lung machine).
But in general it would be very difficult to sue when you agreed  that the
software might not work. If Word crashes and you lose 6 months worh of work,
can you sue and win? Not likely.