Warranty Disclaimer on Unix? (was Re: SECURITY BUG)

[John G. DeArmond]

(Is it too much to ask that the subject be changed - just a little bit -
to reflect the body of the article?  Please, pretty please?  :_)

pcg at cs.aber.ac.uk (Piercarlo Grandi) writes:

>davidsen> I am amazed that the companies didn't fix it instantly and
>davidsen> send it by registered express mail to every owner.

>And admit that the problem exists? The first thing their attorney will
>have told them must have been "don't admit anything". They tried to hush
>things initially.

>davidsen> In today's litigatious climate, I can see a jury finding them
>davidsen> negligent.

>Negligent of what? Technically and practically, all these vendors are
>just selling you defect free floppies. The usefulness of their contents
>are explicitly disclaimed in every possible way. Only an irresponsible
>person does not read the warranties, especially when they are so clear
>and explicit. You may think that uniform warranty legislation is the
>answer, but then this would kill off free sw of any type.


Sorry Pierrecarlo, and fortunately for us, here in the US, most vendors
long ago stopped disclaiming warranties on anything other than the 
floppies.  The reason is that both the UCC and a variety of states 
specifically prohibit disclaimers of implied warranties and other similiar
clauses.  

What the publishers don't want is to get in court and have to stand up
in front of a jury and try to convince them that all a customer gets
for his X thousand dollars are some VERY high quality floppies.  This would
not fly well at all.

Most publishers have probably received legal advice similiar to that given me
that says to offer a warranty such that a reasonable man (legal term) can
find it appropriate and then live up to it.  If one does not follow this
advice, one is likely to NOT like the implied warranty that juries and 
judges are likely to formulate.

Can this current situation be litigated?  I have a real good  hunch we're
going to find out pretty soon.  The results should be interesting.
Wouldn't it be poetic justice for a case against ISC to set some software
warranty precedence?

John

-- 
John De Armond, WD4OQC        | "Purveyors of speed to the Trade"  (tm)
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{emory,uunet}!rsiatl!jgd      |"Politically InCorrect.. And damn proud of it