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Why Can't Microsoft be Sued Under the Lemon Law?

briant97 asks: "Microsoft is sitting back making all this money by charging for desktop and server operating systems. If you go for a server, they also add additional charges through client access licenses. Well, now that they've charged you all this money they leave their software open to viruses and exploits beyond belief, which will cost your company even more money. When will it stop? When will Microsoft become liable for their actions? I mean they are making billions while costing other companies billions. Ford, Chevy, and all other car manufactures get held liable if they make a defective product, why not Microsoft?" One can argue that you sign away your right to seek damages from Microsoft, by agreeing to the EULA, however there is still this issue as to the strength of a EULA since they've never been tested in court. How do you feel about this subject? Should software owners be allowed to "sign" away their basic rights via click-thru licensing, or should software manufacturers be liable for the critical defects that show up in their software?

1 of 210 comments (clear)

  1. Re:slippery slope by 13Echo · · Score: 4, Informative
    Considering that nearly all GPL/Free/OpenSource software says that "THERE IS NO WARRANTY" (etc, etc), your claim is without merit.

    Even Microsoft will not be liable for their software defects. They make it perfectly clear in their own license (their exeption is refunds and replacement of the software).

    Kinda debunks that concept about paying Microsoft licenses for the sake of having a liable software provider, doesn't it?



    NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To

    the maximum extent permitted by applicable law, in no event shall

    Manufacturer or its suppliers be liable for any damages

    whatsoever (including without limitation, direct or indirect

    damages for personal injury, loss of business profits, business

    interruption, loss of business information, or any other

    pecuniary loss) arising out of the use of or inability to use

    this product, even if Manufacturer has been advised of the

    possibility of such damages.