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Taking On Software Liability - Again

An anonymous reader writes "You may remember an article in which a BBC correspondent wrote an article criticising current software licenses. In answer to the huge discussion that this brought about, he has written another article defending his views. From the article: 'It is possible to make error-free code, or at least to get a lot closer to it than we do at the moment, but it takes time and effort. Doing it will probably mean that commercially-available code is more expensive and cause major problems for free and open source software developers. But I still believe that the current situation is unsustainable, and that we should be working harder to improve the quality of the code out there.'"

13 of 382 comments (clear)

  1. liability iff no source by Anonymous Coward · · Score: 5, Interesting

    I've said this years ago: software liability should apply on programs you pay for but for which you don't get the source. If money you pay goes to make something you don't have source level control over then that implies the vendor thinks its of sufficient quality that you, the end user, should not have to fix it. If you get the source then there is no guarantee and the distributor should have no liability. This doesn't mean you have to have the right to re-distribute the source -- but you have to have the right to re-build it using commonly available tools so liability can't be limited to one "magic" libarary.

  2. Shouldn't this be handled by supply and demand? by Captain+Perspicuous · · Score: 5, Interesting

    [ ] vendor guarantees that software works as advertised
    could be another checkbox that all software companies are trying to reach.

    "What? You don't guarantee works-as-advertised? Well, then I'm looking for a different product."

    If computing magazines would update their testing methods and added this one checkbox, Microsoft just might say "oh, hey, we haven't covered that checkbox yet. We need to have every checkbox. Let's quickly drop by the legal department get this in order..."

  3. Not entirely new... by cperciva · · Score: 4, Interesting

    Dan Bernstein has offered a guarantee for many years that djbdns and qmail are secure. Now, this is a rather vague guarantee, since the task of deciding if a reported problem is a security flaw lies with Dan Bernstein himself; but it's a start.

    I'm currently writing some cryptographic code, and I intend to go considerably further: I intend to offer a guarantee not only that my code operates as specified, but also that it is not vulnerable to any side channel attacks within certain classes.

    As the time-to-exploit of security flaws continually decreases, I see only one solution: Writing code which is correct in the first place. If you can do that, you can offer a guarantee. And hopefully once security becomes as larger issue to consumers, people will start looking for guarantees.

  4. It's not worth the price by autopr0n · · Score: 3, Interesting

    When I ran Autopr0n, hooo... that code was awful. But there really was never any kind of economic incentive to fix it, I could just keep restarting my JVM (the thing was coded in java).

    Or, look at metafilter.com. That site goes down like a $2 hooker, yet it's so successful that the maintainer was able to quit his day job and support himself based on the site. People don't care.

    Even when you get to a desktop OS back in the '90s, quality just wasn't that important. Would you rather pay $10,000 for an OS, or $90 and loose work once in a while.

    If the cost of the lost work due to software errors is less then the cost of writing the code so that it works perfectly, then it's not worth doing. Sure, for some programmers there's not a tradeoff, but those programmers probably cost a lot more to pay then 90% of the coders out there (who are idiots, IMO, just look at the existence and popularity of Visual Basic).

    When the cost of the error increases, you'll find much more stable software (like on medical equipment, airplanes, and so on).

    The secretaries spreadsheet just ain't mission critical.

    Of course, now that all computers are connected together, they need to be at least secure and not targets for worms and trogens, etc. I predict that we move towards web services, the software quality will get worse and worse, but people will just pay a sysadmin to sit there and reboot the machine whenever it goes down, so people won't notice everything...

    --
    autopr0n is like, down and stuff.
  5. Re:Error-free software... by Concerned+Onlooker · · Score: 4, Interesting
    A couple of quarters ago I was taking a software engineering course. Our instructor told the story of a debugging competition which used a mature piece of software that was known to be error-free for the test case. A fixed amount of bugs were then introduced into the code and the teams all had a crack at it. At least one of the teams found bugs in the code that were not the ones intentionally introduced. I'm paraphrasing here, but in other words they took a piece of software that they knew to be bug free due to its having been intensely examined by many programmers, yet another bug or two was found.

    Truly error free is not a likely state for software.

    --
    http://www.rootstrikers.org/
  6. Good software costs by Angst+Badger · · Score: 5, Interesting

    First off, I should issue a disclaimer that I'm an oldbie. I started programming in assembly language on punch cards, but no, this isn't going to be a rant about youngsters and their newfangled languages. (At least it better not be; my current job has me living, breathing, and eating PHP.)

    The problem with bad software today -- just like it was thirty years ago -- is bad engineering. It's not because of the methodology du jour (or its absence), licensing, choice of language, or toolsets. You can write brilliant, bug-free, efficient software in COBOL using the basic procedural structured programming paradigm. You can write awful, buggy, resource-hungry software in object-oriented Java using XP. None of that shit matters.

    Good engineering requires, among other things, a detailed understanding of the problem, thorough planning, the sheer experience required to distinguish between the clever and overcomplicated on one hand, and the lucid and elegant on the other, excellent communication between developers, foresight (also borne of experience), and rigorous debugging. All of these things, including the many other prerequisites not mentioned, require lots of time and effort. Too much time and effort, in fact, for most commercial software outfits to invest and still turn a profit.

    That's the rub, really. All the methodology and language fads aside, the basic principles of good software engineering were worked out decades ago, and sometimes further -- good generic engineering practices in the abstract were worked out long before we harnessed electricity. It all comes down to this: the more time, effort, and care you put into a product, all other things being equal, the better the product will be. It's easy (and well-deserved) to mock Microsoft for the shoddiness of their major products, but that very shoddiness is why you can buy MS Word for less than ten grand. If MS built word processors the way engineers built the Golden Gate Bridge, the prices would be comparable.

    The market does not reward that kind of quality. In the first place, no one is willing to pay thousands of dollars for a supremely excellent product when one that is good enough can be had for a couple hundred. Most folks couldn't afford that kind of software engineering even if they wanted it. In the second place, once you have the perfect all-in-one software package, why would you ever buy another one? Microsoft is in this position already with its good-enough products. No one needs an upgrade, so remaining profitable requires MS to churn out new versions of its increasingly resource-intensive operating system so that you at least have to buy new copies as you replace your older machines.

    FOSS is at least theoretically invulnerable to these pressures. In theory, there will eventually be all-singing all-dancing FOSS packages covering all of the major software categories, and the age of commercial mass-market software will be at an end. I've been waiting for this day to come since well before the first release of Linux. I'm surprised that it hasn't come yet. I'm surprised that the majority of FOSS software is still as buggy, poorly designed, and -- almost without exception -- undocumented as its commercial equivalents.

    I suppose I shouldn't be surprised. Excellence in software engineering is like excellence in any other field: it's really fucking hard. It's even harder when you have a day job; time constraints aside, after 8-12 hours coding at work, the last thing many developers want to look at when they get home is compiler output. Many of the remainder are either amateurs or students -- not to diss either category, but often the necessary experience is lacking, and the lone hacker often lacks the knowledge or the inclination to produce code that's easy for other developers to work with. I remain confident that we'll get there, though. (I am less confident that I will still care by then, but it will still be a boon to those who live to see that day.) I am equally certain, for the reasons

    --
    Proud member of the Weirdo-American community.
    1. Re:Good software costs by stretch0611 · · Score: 3, Interesting

      Excellent, I agree with you. I also consider myself an oldbie. (20 years of programming, 12 years being paid for it) Fortunately in the early years I had a teacher that actually emphasize design and comments.

      Unfortunately the environment in the business world today prevents truly bug-free programming. A lot needs to change:

      1 - Fire all the programmers and developers that can't program. We all know which ones in the group fit into this category. Unfortunately our bosses don't know. They're the ones that cause the majority of the bugs. They came into the industry just for money (pre-2000 bust) and they have no real feel for programming yet they know how to email the boss. Keep the ones that are naturals. The real code warriors. The good ones know when to code new source, when to copy old source, and how to clean up old source when they copy it into their new modules.

      2 - Get rid of the bosses that don't know tech people. (i.e. the ones that don't know the difference from #1 above) The boss doesn't need to know tech (it does help) but they do need to know their people. They also need to know how to keep office politics and beauracracy away from their people.

      3 - Get rid of separate New Development and Maintenance groups. People will code better when they know they will have to fix their own code when it goes into production. They will care more about stability instead of features. Also, a programmer learns the difference between good and bad coding techniques when they are forced to maintain both.

      4 - After the requirements are requested and the specs/design is created don't let users change them. I can't change everything just because a user changes their mind. If I have to change, the release date is pushed back as if I just started the design today. I can't complete a program until you are done knowing what you want it to do.

      5 - Procedural vs. Object Orientated programming. The huge developement debate. I admit I am biased toward Procedural programming. However, you should use whatever works better for your project. A GUI works better when you design using OOP, but when you need to crunch numbers on 10 million records procedural will work a lot better. I know a lot has been said about the poor code quality of OOP in particular, but if you get rid of the idiots in #1, the logic should be easy to follow.

      6 - KISS - Keep It Simple Stupid - I used to work with someone very intelligent, but his code was terrible. He would program elaborate functions just to add two numbers together. My honest belief is that he tried to impress us with his "coding ability." If someone needs a simple program give them a simple program, don't redesign the wheel.

      7 - Shoot and KILL everyone that sponsors or participates in a unreadable source code competition. (sorry personal peeve) We need to promote legible code with indenting and good, clear, and relevant variable naming.

      8 - Quality. CMM, ISO, TQI. These are nothing more than BULLSH!T. While there some occasional insights coming from these "Quality" initiatives I disagree with most of the methods. Commenting and documenting your code is a good thing. Unfortunately, most of this initiatives are nothing more than feelgood bs for clueless management.

      9 - Admins and Tech Writers. Hire all the good ones back. The improve our ability to code by letting us use admins to do the less technical aspects of our jobs. Their hourly cost is less than ours and by offloading some of our work to them we have more time to develop the system that managent wants done yesterday. This creates more cost effective development even though it raises headcount.

      10 - Pay. Simple answer. You get what you pay for. If you offer good pay for good programmers you will get good code in return provided your managers need know their programmers (see #2 above)

      11 - Overtime. Don't do it. An overworked, stressed developer is a poor quality developer. A little OT before a release isn't terrible, but 50+ hour weeks for months on end will cause poor code. Also, if a little OT before a release happens, compensate the developer with pay or comp time to make them happy.

      12 - TEST TEST TEST TEST TEST TEST. Then test some more. Make sure your users test also. This is the most important step.

      --
      Looking for a job?
      Want your resume written professionally?
      DON'T USE TUNAREZ!!!
  7. Re:Error-free software... by fbjon · · Score: 3, Interesting
    There was an analogy with a bridge earlier. Bridges are designed with redundant security, you can (usually) put a lot more weight on them than what they are rated for.

    In the same vein, instead of trying to make every part of the code perfect, how about designing some redundancy into the code?

    I leave it as an exercise for the reader to figure out what the hell that means.

    --
    True confidence comes not from realising you are as good as your peers, but that your peers are as bad as you are.
  8. Make liability limit = price of software by quentin_quayle · · Score: 3, Interesting

    Sure, let's have liability. The software must perform substantially as advertised - counting all advertisements, press releases, interviews given by publisher's officers, etc.. But make the amount of damages simply equal the price paid.

    This would keep free-as-in-beer software in the clear. It would also have the side benefit of forcing Microsoft to reveal its OEM prices. :D

    I like the source code as condition of immunity suggestion above too, but it would be futile without a licence like those the FSF approves, which would actually allow you to fix problems without violating copyrights and patents.

  9. Software IS different by Midnight+Thunder · · Score: 4, Interesting

    I thought about this the other day, asking myself why we can't have the same approach in software development as bridge building, or other engineering disciplines. The difference seems to be that of prototypes. When you build a bridge you create a prototype, test it as much as possible, tweak it where necessary and let the cycle continue until there is a working solution. Once that is done you are ready to build the bridge, based on specifications that in a certain sense are easier to follow than what software does.

    Look at software and ask yourself where that prototype is, that can tweaked reworked until all obvious and so obvious issues have been tested for? You will end up noticing that the prototype and the final product is the same thing. While a bridge can be tested based on a number of complex mathematical formula, I am not so sure that software can be tested in the same way. Software is designed and developed based on a number of philosophies and sometimes these even have to interface with other programs based on other philosophies. Over time the complexity grows to a point where testing it 100% is like trying to predict what the stock market is going to do next week. I would like to give a figure to what we are able to predict, but that I will leave that for someone else, since I am not sure I am qualified to do so.

    At the same time I will say that there are a good number of things for which you can create unit tests for and these help avoid the most obvious issues. The non-obvious issues, based on difficult to reproduce scenarios, variable dependencies are a little trickier.

    Things are also improving thanks to libraries that implement much in the way of reusable code, but here too there is an issue. Imagine that you designed your program to be dependent on libraries x, y and z, and then the user adds libraries that effect the libraries you depend on, how can you predict what is going to happen?

    You will notice that most mission critical systems are designed to have only the most essential features (as compared to desktop software) and are often coded with very precise memory management and sometimes even avoid the pointer type and instead using only primitives. Trying to develop most applications this way would be long and laborious and your users would be complaining that his complex office software doesn't do what (s)he wants (remember they can't agree on what they want), even if it is 99.999% stable.

    I am not saying it is impossible, its just that I have yet to see an approach that is 100% effective and for 100% of cases. Yes I am a software developer, so I do have a certain bias.

    --
    Jumpstart the tartan drive.
  10. Re:wrong, wrong, wrong by Fastolfe · · Score: 3, Interesting

    I agree, to an extent. It makes no economic sense to shoot for as perfect-as-possible for all software. The reason we have minimum standards for other industries, such as as automobiles, is because a defect in an automobile can kill people.

    But what we have today is practically anarchy. There's no way of telling if a product will work properly, or will work at all, and software vendors are allowed to get away with that.

    A middle ground here might be forced labeling. Require software vendors to place a label that, in a standard fashion, describes how safe the software is, whether it is guaranteed to work as labeled and advertised, and maybe something about the known defects it has, or estimated failure rate. Don't let the vendor hide this in the fine print. And then hold them to it with legal measures.

    That way, if a piece of software is targeted for home use, the labeling should make it clear that it's going to have significant defects, and will fail at a high rate. You might have a more expensive variant for office use, with fewer defects. And then you might have a stripped down, very expensive version intended for critical applications, in hospitals or infrastructure. The end user can then choose which one they want to buy, and instead of feeding a market where the customer buys the cheapest product because they think all products are buggy, they can buy the product that meets their needs, with the assurance that they will have legal recourse if the product fails to meet the expectations indicated by labeling.

  11. Re:There's more to it than just the code by kannibal_klown · · Score: 4, Interesting
    If one program causes something "devastating" to happen, who is to decide that it's not the user's fault, the compiler's fault, the programmer's fault, the OS creator's fault (and if it's OSS, who's package etc?), or the hardware's fault?

    Let's not forget "another piece of software's fault." Installing Software package B might overwrite a registry setting or DLL needed by software package A. On top of that, software package B might leave something running in the memory as a service that conflicts with something software package A does.

    You are correct, there are WAY too many variables when dealing with software failures. And if this guy were actually a software developer he'd know that it's pretty much impossible to make something completely bug free. The most you can hope for is something that rarely has a bug or recovers if it encounters ones without losing its place/data.

  12. Re:Bullshit by Maxo-Texas · · Score: 4, Interesting

    You are a civil engineer.

    I want you to build a bridge.

    I won't say where- or what the end conditions are on each end- because this bridge needs to work in about 2 million different places.

    Now- as to what will cross the bridge. I won't tell you that either. It might be a car- it might be a convoy of tanks.

    Now... as to the basic laws of the universe (the operating system). I can't tell you much about them either. For example, gravity may change at any time to be higher or lower. The tensile strength of various materials may change unpredicatably with various patches to reality.

    Your work force will be available to work 2 to 16 hour days and may or may not comprehend instructions written in english.

    The bridge needs to be built from scratch from materials using new refining methods so you cannot use any reference materials to analyze how strong it has been historically.

    Finally, this bridge must be made of at least 9 million different pieces (opcodes). The subunits will be assembled by a robot of some kind (Compiler) so you will not know the details of how the units work- only how they are supposed to work as units.

    ---

    I'm sorry but you really do not understand what you are talking about.

    --
    She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.