Broadcast 2000 Removed From Public Access

VRteach writes: "I see that the developers of the fine multimedia software, Broadcast 2000, have removed their main product from public access. Their web site cites a worry of potential liability." The site says that "the distribution of Broadcast 2000 enhanced to unacceptable levels the risk of an individual experiencing significant financial damage due to the extremely expensive nature of high end video production and the high risk inherent in professional video business marketing." It also says they plan to keep issuing "minor works" for now, and as liability issues are resolved to again release major programs.

Comments

Something more may be going on here

[Compulawyer]

Although the site says the liability concerns are with the "warranty" exemptions and the GPL, I suspect that these proffered reasons, although valid in and of themselves, are not the primary reasons for this move.

Generally, the warranty provisions with which a software maker must be concerned are these three:

1. Express Warranties - any factual statement the manufacturer makes about the quality/features of the product;
2. Implied Warranty of Merchantability - implied by law warranty that the software is of "fair average quality"; and
3. Implied Warranty of Fitness for a Particular Purpose -- implied by law when a manufacturer supplies software that it represents is adequate or designed for a particular use or need.
4. 
   Generally, the 2 implied warranties can be disclaimed by reciting the magic disclaimer words. (NOTE: I AM a lawyer and this is NOT legal advice to ANYONE - thus I am not reprinting the magic words here so no one can rely on any supposed "advice" they may claim I am giving.)
   

   What I suspect is happening here (and this is close to pure conjecture) is that the company is spooked by recent lawsuits (i.e. - Napster, DeCSS, Felton, et al.) and decided that it would take the safe route rather than be accused of providing a tool to infringe copyrights in authored works.
   

   Of course this is my opinion alone and is based on current events in the legal world combined with the statements on the Broadcast 2000 website. I may be completely wrong about this. Only the people at Broadcast 2000 can say for sure.

Re:I am not a lawyer, but..

[Malic]

I think what is happening is this (someone correct me if I am wrong)...

The makers of Broadcast 2000 realize the people are ACTUALLY using their software for high-end (that's the "expensive" part) projects. Such users become dependent on Broadcast 2000 and have a lot to lose should the software have serious bug in it.

The developers don't have any legal obligation to fix such a hypothetical bug (well, actually with the DMCA *THEY MAY*), though I am sure they no doubt would - eventually. But this could blow a multi-million dollar deadline for a production house.

The DMCA insists that you always have someone you can sue (the "warrenty" issue).

The biggest problem with this part of the DMCA is that it seeks to hide the fact that computing, by it's nature, is *a risk*. In the Peter G. Neumann sense. The use of ANY technology implies a certain amount of risk/faith - fire resistant gear as a hard example.

The law is being made to hold responsibility beyond what is reasonable in the physical world. Sometimes things don't work out - that's life.

Unfortunately, in the US we would like someone, anyone, to be responsible other than ourselves.

Re:I am not a lawyer, but..

[Anonymous Coward]

The problem is simple, and highlights what is to me the worst aspect of the DMCA.

The DMCA only applies to "consumer" equipment, not "professional" equipment. What's the difference? Nobody knows.

As we have seen in the music production arena over the last couple of decades, as pro equipment gets cheaper there becomes a "prosumer" class of equipment - professional quality, consumer prices.

The DMCA tries to insure that this will never happen with video production. Anything cheap enough to be consumer is automatically limited in terms of the functionality it can offer.