Microsoft Sued for Defective Software

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."

Comments

bad news for opensource

[feed_me_cereal]

As much as I hate Microsoft, this is total BS. If this becomes precedent, how the hell can anyone write an opensource app? Software is a clear case of when "buyer beware" is neccesary. Get software from the people you've grown to trust for not releasing bug-ridden shit. I really don't see how it could work any other way.

Warranty of marketability

[Ryan C.]

or "or fitness for a particular use" is a concept in most legal systems and is what would determine this case. In the U.S., even if the license says "this may not work, tough.", the consumer still has a right expect it to work for the advertised purpose.

So you could recover damages from a car that explodes when you try to start it, since that's not what a "car" is supposed to do. But you can't recover damages froma car that explodes when you hit a tree, since that is outside the expected use of a car.

I'd say there's no case here since SQL did what it was supposed to do, it just had a flaw. Since the flaw was not covered by any warranty, tough luck.

-Ryan C.