On Sun, 05 May 2002 18:15:15 EDT, "Nathan J. Mehl" <memory-nanog@blank.org> said:
people that this had happened to? I'd file a class-action liability suit against Microsoft for selling a defective product that lost my clients thousands of dollars.
I suspect I'd have a good chance of winning, too.
EULA. Computer software is unique in that not only are the producers not held liable for defects, but quite often manage to avoid any of the usual "suitability for purpose" requirements - there is a presumption that (for instance) a toaster is supposed to be able to actually toast a piece of bread - and that therefore any toaster that is unable to do so is inherently defective *and it's the vendor's problem to make it right*, whether via replacement, repair, or refund. Quite often, vendors of software manage to disclaim even the requirement that a word processor be able to process text, etc.