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Microsoft Sued for Defective Software

Posted by michael on from the consumer-safety dept.

Door-opening Fascist writes "eWeek is reporting that a South Korean citizen action group, People's Solidarity for Participatory Democracy, is suing Microsoft for putting the SQL Slammer vulnerability into Windows. They are doing so on behalf of the South Korean people and businesses affected by SQL Slammer."

2 of 606 comments (clear)

  1. Re:Read before you file by Skater · · Score: 4, Informative

    Ever go to a hospital? They make you sign something that says you won't sue them if they mess up. So why are there plenty of medical malpractice lawsuits?

    Because clauses like that are "exculpatory" (if I remember the term from my "legal environment" class correctly). They have no meaning, other than to scare the uninformed. As our instructor put it (a lawyer, mind you): "If things like that worked, I'd have a big sign on my car that said, 'Not responsible if I hit you.'"

    --RJ

  2. no warranty does not matter by danoatvulaw · · Score: 5, Informative

    Microsoft's dislcaimer of warranty is ineffective on several levels. First, under the UCC, a purchaser has a right to a "perfect tender" - that is that the purchase perfectly conforms to what whatever was purchased purports to be. For example - you could not sell a vcr that only worked 50% of the time when it felt like it, or only on a wednesday, (unless you disclosed that up front) and the purchaser agreed in a definite and seasonable expression of assent. Some legislation has proposed so scale this back in the terms of software (UCITA).

    Second, products come with an implied warranty of merchantability and fitness for purpose. It essentially means that they are manufactured correctly and that they will be able to do what it is claimed they do.

    Bottom line is that anyone can claim that there is no warranty that goes along with their product, but some warranties the court will imply and refuse to not enforce, or will enforece other law tantamount to a warranty. The implied warranties above are examples of those that rise above that of contract, that they can be enforced regardless of what is put in the agreement. The agreement may create a presumption that you have waived these rights, but the court could also find that agreement void as unconscionable.