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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?
My first guess would be because the "Lemon Law" only covers cars.
From http://www.mylemon.com/faq.htm:
What types of products are covered by the Lemon Law ?
All motor vehicles primary used for personal use are covered under the Pennsylvania and New Jersey Lemon Law.
symetrix. We are building a religion, a limited edition.
Just remeber, if Microsoft is held liable for it's products in spite of the EULA, it's only a matter of time before other software comapanies and eventually open source authors will be sued for the same. Are you really so eager to jump headlong into the new world of software liability litigation?
Judging by the hundreds of viruses in my inbox, I'm getting a good whiff of second-hand windows.
If tits were wings it'd be flying around.