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Robots May Inspire Suits Against Programmers

cpu6502 writes "Robert Silverberg wrote a recent editorial about the dangers of robots and the legal consequences for their programmers and engineers: 'Consider malicious kids hacking into a house that uses a robot cleaning system and reprogramming the robot to smash dishes and break furniture. If the hackers are caught and sued, but turn out not to have any assets, isn't it likely that the lawyers will go after the programmer who designed it or the manufacturer who built it? In our society, the liability concept is upwardly mobile, searching always for the deepest pocket.'"

202 comments

  1. Maybe... by DWMorse · · Score: 4, Insightful

    Maybe... But last I saw, Ford Motor Company wasn't liable for drunk drivers that use their vehicles to drink and drive, resulting in death or destruction of property. This makes me think that engineering a product doesn't necessarily make you liable for someone that breaks it apart.

    Now, if your product was a security software, and you advertised it to supposedly prevent this...

    --
    There's a spot in User Info for World of Warcraft account names? Really?
    1. Re:Maybe... by Anonymous Coward · · Score: 5, Insightful

      A more apt car analogy would be suing ford because someone broke into your car. Or suing Microsoft because somebody hacked your server. There's zero precedent to these types of lawsuits, and adding "with a robot" doesn't change that. This article is fucking retarded, even for Slashdot.

    2. Re:Maybe... by WrongSizeGlass · · Score: 3, Funny

      I'm not worried at all because I have a Robot Lawyer ®.

    3. Re:Maybe... by Anonymous Coward · · Score: 0

      And in cases where Ford ARE liable for a defect in their car I'd say it's damn unusual for anyone to sue their programmers (or engineers etc) personally. That's unlikely to happen unless the programmer has not only been highly negligent but is also extremely rich - otherwise it's just not worth it.

    4. Re:Maybe... by Dolphinzilla · · Score: 1

      the argument that will be used is that the software engineer or programmer didn't do the use cases to foresee the potential for misuse and abuse of the product by criminals - and that they were therefore negligent - I don't buy this argument but lawyers are a slimy lot !

    5. Re:Maybe... by Anonymous Coward · · Score: 0

      You're right - Ford doesn't get sued for drunk drivers operating their cars. Insurance companies, on the other hand...
      Besides, if some kid hacked into and gained physical access to my house, wouldn't that count as trespassing and/or breaking an entering? We're not exactly talking about some future gray area of the law here. For example, if I put a robot into your house using a dog door/chimney/vent, my ass would still be responsible. Nobody is going to sue the company that made the robot.

    6. Re:Maybe... by Pharmboy · · Score: 1

      Insurance companies, by definition, are paid to absorb the risk. That is the only reason they exist. And they are sued for the actions or negligence of the driver, not the actions of the car. When the car is at fault, the manufacturer is sued, like Toyota is being sued for the accelerator issue.

      --
      Tequila: It's not just for breakfast anymore!
    7. Re:Maybe... by khallow · · Score: 1

      For example, if I put a robot into your house using a dog door/chimney/vent, my ass would still be responsible. Nobody is going to sue the company that made the robot.

      What happens if I bought the robot to wash dishes, then some script kiddie gets in and breaks a few thousand dollars worth of stuff (water damage can be expensive to fix). Liability is not a clear cut line in that case.

    8. Re:Maybe... by bsDaemon · · Score: 2

      What happens if you buy a refrigerator specifically for keeping food cold, but I sneak in and put 400lbs of rotting meat and vegetables inside of it? Then, when you open it, the overwhelming stench causes you to throw up, then your wife slips on the puke puddle and breaks her leg? Yeah, I could see how GE might be responsible for making the fridge. Call it an attractive nuisance, I guess.

    9. Re:Maybe... by MacGyver2210 · · Score: 1

      Does this mean I can sue Microsoft when Windows crashes and I lose a bunch of data that's not backed up?

      I mean, they programmed it to do one thing and it broke and caused me fiscal harm. That's the same thing, right?

      Oh wait, that's right - I clicked 'Agree' when I installed Windows and waived away all of my rights to sue for bad programming. Problem solved (for them).

      --
      If the only way you can accept an assertion is by faith, then you are conceding that it can't be taken on its own merits
    10. Re:Maybe... by Gator · · Score: 1

      Don't think so? How about a Gun Manufacturer getting sued because their weapons were used by criminals to commit a crime? That has happened, and is still happening now. The 1-800-ASK-GARY scumbags of the world will go after whoever can pay.

    11. Re:Maybe... by Anonymous Coward · · Score: 0

      What happens if I bought the robot to wash dishes, then some script kiddie gets in and breaks a few thousand dollars worth of stuff

      What's so special about this robot that doesn't apply if the same script kiddie got at the computer that runs your car, or for Christ's sake, wrote a virus that deletes files worth a few thousand dollars on your computer? This story is stupid. Really really stupid. It's just playing off the magic word "robot". Well, if a "robot" was involved then that would be different. It's not like we already have billions of automated devices already in use. I wait, I thought we were still in the eighteenth century for a moment there.

    12. Re:Maybe... by thetoadwarrior · · Score: 1

      There are no security holes within the car involved in drunk driving. However if the programmer did do something that made it easier for people to break into something then maybe the company should be held liable. Just as Ford would be held liable if they put shitty brakes in their car to cut costs.

    13. Re:Maybe... by McGiraf · · Score: 1

      If I can get sued for my code by anyone who buys it, I better get paid every time someones buys it.

    14. Re:Maybe... by khallow · · Score: 1

      or for Christ's sake, wrote a virus that deletes files worth a few thousand dollars on your computer?

      This item can result in liability, if my contract allows for it. That's already established.

      The problem with robotic dishwashers or whatever is that they have implicit liability. That is, it's a machine that is intended to operate in a certain environment with certain expected risks. If a regular dishwasher breaks during routine use in a way that causes a lot of damage, especially if it's something that has happened repeatedly to other customers, then the manufacturer can indeed be liable for damages. The thing about software is that you also need to demonstrate that the code is used as intended. If I release some open source, it gets used later in a dishwasher and results in serious damage, I'm not responsible because I have no clue or control over how that software is used. Even if the court chooses to ignore waiver conditions on the license, it's absurd to hold me liable when I played no part in how the software was used in the product.

      The most extreme examples of software liability are medical software, nuclear power plant software, and military software. Code in these places can result in vast liability, potentially even criminal.

    15. Re:Maybe... by b4upoo · · Score: 1

      An even better example is the making of hand guns. The manufacturers have rarely been held liable for the way the gun was misused unless there was some really unusual wrong doing in the distribution of the weapon.
                  In many ways our laws are able to be manipulated by language. For example a gun is not a weapon. It is like a whiskey bottle. If you try to bash someone with a whiskey bottle it becomes a weapon. If, instead of hunting, target shooting, or simply collecting than a gun is not a weapon at all. It becomes a weapon when one uses it as such. Then there are other legal deceits as well. The right to bear arms is the right to carry arms. Various laws have perverted the issue into the right to own arms which is nonsense. We have the right to carry arms. It is that simple. That is without permits,explanations, restrictions or penalties. The Bill of Rights makes this an issue beyond the touch of courts, legislatures or any other authorities.

    16. Re:Maybe... by mangu · · Score: 1

      last I saw, Ford Motor Company wasn't liable for drunk drivers that use their vehicles to drink and drive, resulting in death or destruction of property

      But Ford did get sued, successfully, when the damage was caused by cost cutting and bad engineering.

    17. Re:Maybe... by TWX · · Score: 5, Interesting

      the argument that will be used is that the software engineer or programmer didn't do the use cases to foresee the potential for misuse and abuse of the product by criminals - and that they were therefore negligent - I don't buy this argument but lawyers are a slimy lot !

      Why don't you buy it? I'm amazed that Microsoft hasn't had the crap kicked out of them due to how vulnerable their software has been to exploitation, and exploitation that has left numerous unaffiliated companies that don't even use Microsoft operating systems. Users whose computers are easily compromised and companies who have suffered the ill effects of attacks made by compromised or hijacked computers should have one hell of a case.

      As far as liability for physical devices goes, while the OP's point that as an owner, misusing a product (like drunk operation of a motor vehicle) might not open the manufacturer to liability, I don't think that would even come close to the argument in a lawsuit. The argument would revolve around how 1) the manufacturer used consumer equipment and communications protocols for their equipment allowing other consumer equipment to contact the manufacturer's devices, and 2) that the manufacturer also neglected to provide sufficient safeguards to keep out those who aren't authorized to use the equipment, and the consumer protocols and equipment selected by the manufacturer made it unduly easy for even the technological layman to tamper with only minimal instruction or assistance.

      IMHO, the state of commercial software development is atrocious. I don't expect every software product or operating system to be completely immune to exploitation, but the fact that commercial operating systems with large paid development teams and oversight by paid management still manage to have hundreds or thousands of weaknesses that lead to remote exploits or infections through applications like the friggin' web browser despite many users' attempts to lock down ports, installing antivirus and malware programs, and hiding behind firewalling routers, developers should be ashamed of themselves. Having worked in a company that was developing a communications application, and whose job was quality assurance, I can tell you that part of the problem is that most developers lack the devious streak to know how their software could be misused. They only see how they can make it function for X circumstances, not how Y and Z circumstances could lead to its compromise. As the QA tester it was far, far too easy to break or exploit communications daemons, and when the programmers were confronted by the evidence they got defensive and indignant instead of wanting to know more about the nature of the test or the fault. As long as that attitude prevails in programming this sort of thing will continue to plague our software, and in my opinion, development companies should be responsible for the ramifications of their decisions.

      --
      Do not look into laser with remaining eye.
    18. Re:Maybe... by Schadrach · · Score: 1

      You mean like how "on the internet" doesn't change anything regarding lawsuits or patents? =p

    19. Re:Maybe... by Anonymous Coward · · Score: 0

      The Microsoft EULA (Which you agreed to) specifically says that you can't sue them for anything whatsoever. So sorry nope. Their bug ridden POS is immune from lawsuits.
      I've often hought that if MS made cars then they'd have been sued out of existence years ago. The damage to business all over the world for BSOD must be incalculable. So why haven't they been sued into Oblivion? The frigging EULA that's why.
      Pah.

    20. Re:Maybe... by russotto · · Score: 1

      Don't think so? How about a Gun Manufacturer getting sued because their weapons were used by criminals to commit a crime? That has happened, and is still happening now. The 1-800-ASK-GARY scumbags of the world will go after whoever can pay.

      That's not the fault of the ambulance chasers, that's a political matter. The idea isn't to get money for the attorneys, the idea is to make it so risky to make guns that gun manufacturers go out of business, thus banning guns through the back door. Seems unlikely something similar would happen for home automation, at least until Robot Control Incorporated gets going.

    21. Re:Maybe... by Opportunist · · Score: 1

      I wouldn't be so sure. "With the internet" sure changed a LOT, things that are (il)legal under normal circumstances suddenly flip legality when "with the internet" is added to it.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    22. Re:Maybe... by Surt · · Score: 1

      Since Ford had the option to but in a breath-lock starter system, but instead chose a shitty non-breath-lock starter system to save costs, should they be held liable?

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    23. Re:Maybe... by GrumblyStuff · · Score: 1

      But what if it fails to defend you properly...

    24. Re:Maybe... by Opportunist · · Score: 1

      Did something that made it easier to reprogram it? Like, say, making it programmable?

      That's pretty much the point of having a programmable robot. To be able to reprogram it. If you insist in car analogies, how about saying that the maker of the navigation system should be held liable if someone breaks into your car and installs some bogus maps?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    25. Re:Maybe... by Dogtanian · · Score: 1

      The Microsoft EULA (Which you agreed to) specifically says that you can't sue them for anything whatsoever. So sorry nope.

      Many jurisdictions (including the US AFAIK) have the concept of unsonscionability which limits on what you can "agree" to in a contract (assuming a EULA is even considered a contract.)

      They can put in there that you agree to give them your first-born child on their 5th birthday. Doesn't mean they'd be able to enforce that in court. I suspect that a *lot* of terms in EULAs and contracts- and almost certainly that one- would be thrown out as unconscionable.

      Of course, they probably take the cynical attitude that there's no harm in throwing it in there just in case it does work, or enough people believe it would and are dissuaded from legal action (etc.) anyway.

      --
      "Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
    26. Re:Maybe... by shentino · · Score: 1

      Repeat after me.

      You can sue anyone you want to and they will probably cough up settlement money just to make you go away.

    27. Re:Maybe... by RotateLeftByte · · Score: 1

      So why hasn't anyone taken Microsoft to court over the terms of their EULA Then?
      Perhaps it is because the lawyers think you have not a chance in hell of winning?

      --
      I'd rather be riding my '63 Triumph T120.
    28. Re:Maybe... by Xugumad · · Score: 1

      > However if the programmer did do something that made it easier for people to break into something then maybe the company should be held liable.

      Okay, but define "easier" for me. I mean, do we have it run Linux, and need security patches on a week to week basis? Maybe OpenBSD, that really raises the bar for cracking the software. Or, go all the way, have the whole software stack proven mathematically.

      What I'm getting at is that actually, the level of security expected is very vague, and hard to determine. As a programmer, that's unsettling...

      It also occurs, in the same way that if you build a bridge, there are well defined standards to adhere to, by the time we're selling free-roving robots I pray we'll have similar specs for software accreditation.

    29. Re:Maybe... by shentino · · Score: 1

      The unlikeliness of such a scenario may well make GE liable under the preponderance of evidence if you also stole 400lbs of fresh meat and vegetables before putting the rotten stuff in it. All the evidence would point to GE's alleged negligence, and under a civil standard of "more likely than not" GE would almost certainly lose.

      Now, if GE ever found out that you were the one that stuffed it with rotten food, they would probably sue you for whatever they wound up out as a result of your joe job under the theory of indemnification.

    30. Re:Maybe... by WrongSizeGlass · · Score: 4, Funny

      But what if it fails to defend you properly...

      Then I'll sue the programmer. Ahh, the circle of life ;-)

    31. Re:Maybe... by shentino · · Score: 1

      The script kiddie would be primarily responsible because he was the one whose actions foreseeably caused the damage.

      Whether the robot creator is liable depends on if they were negligent with their security systems. If it was foreseeable that a script kiddie could hack into it, they might be. They could still go after the script kiddie for indemnification.

      That's the theory anyway.

      In practice, a lawsuit is so oppressive in the line of legal expenses that you may be paid a settlement just to make it go away quietly.

    32. Re:Maybe... by thetoadwarrior · · Score: 1

      If the brakes met safety standards and weren't defective then there is no problem with them as long as they operate as expected.

      Using cheaper brakes isn't really the same as writing poor code and not testing it because you want the product out now and think it's acceptable to patch it later.

    33. Re:Maybe... by thetoadwarrior · · Score: 1

      My microwave is programmable but that doesn't mean I can install code on it.

      Also the premise doesn't state that the robot is meant to be programmable but that the hacker broke in and modified through unintended methods which means something wasn't secure.

      If the owner of the home picked a poor password it's his fault. If the robot's code had a gapping hole in it then it's the company's fault.

    34. Re:Maybe... by thetoadwarrior · · Score: 1

      If something works as intended and it's open that is different from selling someone a product which clearly is broke, worry about patching it later and in the mean time people end up losing data through poor coding.

      Maybe we should spend more time ensure things are safer rather than just worrying about getting it out now. I think it's equally unfair to say that the company isn't responsible for anything in a EULA as it is to say everything is the programmer's fault.

      In a lot of cases with poor code it's not the programmer's fault. He wasn't given time, no one tested or gave a reasonable spec. It's the publisher as a whole that's at fault and yes I do think if you are charging money for your software then you should be doing your best to ensure it's the best product it is. Especially if the code ends up in a robot where it could lead to physical harm rather than just a blue screen.

    35. Re:Maybe... by Bacon+Bits · · Score: 1

      No, but you certainly can sue when, say, the hydraulics in the car aren't strong enough to apply the breaks when the temperature drops below -5 C.

      Is the manufacturer liable for producing a product which has an inherent flaw? Yes.
      If a system is to be connected to the Internet, should security be a necessary design component? Yes. HIPAA, SOX, and FERPA all mandate that reasonable security measures to prevent tampering or access be taken for health, large financial, and public school information for example.

      So the question is: Should that type of mandate be extended to robotics? What about ATM financial transactions (I don't know if there's regulation for this)?

      Fundamentally: When is a software security issue a manufacturing flaw?

      For example, there's an iPhone app that lets you connect to a LAN and it will scan the network for any surveillance cameras, which you can then pull up and view. My friend can do this (and I've seen it) at the local community college he attends. Obviously, there's a huge implementation error here. Those cameras should be on a VLAN which is inaccessible from any computer other than the necessary video systems, or at least there should be an authentication wall. What kind of implementation requirements did the manufacturer specify? Did they provide none? Did they specify a VLAN? Is there an authentication mechanism that defaults to off but could be enabled? Did the manufacturer specify that the network should have no security features at all?

      We've all seen vendors do stupid things like this. Require blank default passwords with admin access that can't be changed. Require network services like DNS or databases but deny the ability to put the system on a domain (or run the system with Windows Home or Basic) and deny the ability to run any antivirus, or patch management, or any management software of any kind. They basically demand you replicate their development environment instead of getting their system to function in the real world. Vendors keep saying "here's our shitty system now you secure it but you can't use any normal security systems". That's complete bullshit, and if people start getting hurt because of it they should be at fault. The programmers are absolutely to blame, but you don't sue them. You sue the vendor who signed off on such poorly implemented systems. They knew or should have known that there was a problem.

      It's not the customer's fault that they bought the wrong system. Customers aren't experts. That's why they buy systems. You don't blame a consumer when their Pinto bursts into flames for being rear-ended. There has to be a point where you stop blaming how it's used and instead point to how it was made.

      --
      The road to tyranny has always been paved with claims of necessity.
    36. Re:Maybe... by Belial6 · · Score: 1

      The same thing that would happen if someone hacked your robotic washing machine, and set it to not stop pumping water. That's right, there are millions of robot clothes washers in the world. A good many of them are computer controlled.

    37. Re:Maybe... by Opportunist · · Score: 1

      No, but do you think it would be hard for someone who knows a bit about microwaves to turn it into a potentially dangerous device so it cooks you instead of your soup the next time you turn it on?

      And we're not even talking passwords here. How about rigging your gas oven to let it leak so the next time you strike a match you blow up?

      Once someone is in your home, it becomes trivial for him to turn your tools against you. That doesn't mean that the makers of said tools are responsible for it. What's a "gapping hole" in a device's security? If the robot is meant to be used in public unsupervised, then yes, it being reprogrammable by anyone passing by is a glaring security hole. If it is by design only supposed to be used in an environment where everyone who can gain physical access to it is allowed to reprogram it, it would not even be a security hole if there was no password at all.

      This is why in high security environment, you have very specific details what can and what cannot happen, and you have to defend ONLY against the problems that CAN happen. It's nice if you can somehow avoid problems that cannot, but you are not liable to it.

      When my task is to secure a system against data theft, one of the key questions is whether unlawful access to the hardware is possible. If it is not, you can forgo a LOT of costy mechanisms and sensor hardware. And you'd be surprised how many companies already have very good physical security in place, good enough that they don't bother securing for physical penetration. If it should happen, I am not liable for it. I still encrypt the data and use simple invasion sensors (unless specifically told not to), but should it still happen, and the contract did not include physical penetration as a possible entry point for a thief, I will not be held liable for it.

      Likewise, if a robot is specifically designed and sold as an "indoor device", only to be used in an area where everyone who can gain physical access to it (and provided physical access is necessary to reprogram it), I cannot see how you could possibly have a case against its maker if your home gets broken in and your robot reprogrammed. You failed to provide a safe environment, so either it's your fault for not locking the door or your lock manufacturer for not providing a better anti-burglary device.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    38. Re:Maybe... by RocketRabbit · · Score: 1

      There have been quite a few suits agains firearm manufacturers though. What's the difference?

    39. Re:Maybe... by danwiz · · Score: 1

      Maybe... But last I saw, Ford Motor Company wasn't liable for drunk drivers that use their vehicles to drink and drive

      Maybe ... But there have been strong attempts to make gun manufacturers liable for the misuse of their products.

      Also, as robots become more commonplace in our homes, the "Think of the children!" rally cry could be misused here too.

    40. Re:Maybe... by Anonymous Coward · · Score: 0

      Most programmers can barely write working code, and yet we magically think they'll somehow be able to write secure code. You have to walk before you can run.

    41. Re:Maybe... by Anonymous Coward · · Score: 0

      It's not the article that's fucking retarded, it's Timothy.

    42. Re:Maybe... by thetoadwarrior · · Score: 1

      The question is whether the microwave maker did something wrong or not. If you make a car with broken locks then the manufacturer is in the wrong. If someone throws a rock through the window it's the criminal in the wrong. I'm not saying the software company is always in the wrong but when they are actually in the wrong then yes it's their fault.

      They should be expected to take all reasonable measures to ensure something is as safe as possible. Knocking out new software as quickly as possible and patching later probably means they're not trying too hard.

    43. Re:Maybe... by wagnerrp · · Score: 1

      So instead of abusing the legal system for wealth and profit, they are abusing the legal system to bypass the legislative branch of the government and make unofficial law? That's so much better.

    44. Re:Maybe... by davev2.0 · · Score: 1

      An even more apt analogy would be someone hacking into the computer of your car and and reprogramming the stability and anti-lock brakes and causing a wreck.

    45. Re:Maybe... by Dogtanian · · Score: 1

      So why hasn't anyone taken Microsoft to court over the terms of their EULA Then?

      Over the use of which terms? The ones which say you can't sue them, or any terms in general?

      Perhaps it is because the lawyers think you have not a chance in hell of winning?

      I strongly suspect that it's because suing MS would be very expensive (depending upon where you live- the US doesn't often award costs AFAIK, so even if you "win" you get to go bankrupt, some victory) and/or would take a lot of time and resources that most companies couldn't afford.

      --
      "Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
    46. Re:Maybe... by adamdoyle · · Score: 1

      The same thing that would happen if someone hacked your robotic washing machine, and set it to not stop pumping water. That's right, there are millions of robot clothes washers in the world. A good many of them are computer controlled.

      Do they really have internet-ready washing machines??

    47. Re:Maybe... by meerling · · Score: 2

      Except there are a lot of lawsuit happy morons out there that don't accept responsibility for their own actions and want to sue everyone who's even peripherally involved in even the vaguest sense so long as they have money.

      You've heard about the moron that ignored the warning signs, climbed over the fence (by the warning sign) and tried to pet a dolphin that bit him? (I think the article said it was really minor, maybe didn't even break the skin.) He still got 10% of the insane amount he was asking for.

      How about the lady that put the McDonalds hot coffee (law requires it be a minimum temp, at least in my state) in her lap between her legs while driving? Well if you haven't she squeezed, it popped, she got burns in places you don't want burns. She ended up suing McDonalds, I don't recall the result on that one.

      A real winner that happened very recently, a bicyclist was being stupid and riding at night without lights and got hit by a car. The driver of the car sued the bicycle manufacturer. I guess it was for not forcing morons to use lights at night when bicycling, I don't remember. Again, I don't know what finally happened, if it's over yet.

      Here's a story that's been done many times. Somebody gets shot, rather than sue the shooter, or even the gun store/show where it was purchased, they go after the big money and try to sue the gun manufacturer. This has happened so many times I'm sure you could write a book on it. (Don't know who'd want to buy it, but still...)

      Those are just a few of the stupid lawsuits that should never have happened, but because greedy people don't care who it is, as long as they think they can get some loot.

      I know some of those fit the situation listed with just a few noun changes, and others were to illustrate the litigation insanity of a growing group of creeps and cretins, but I hope I got the point across. It doesn't seem reasonable to us, but those type of lawsuits aren't brought by reasonable people.

    48. Re:Maybe... by Belial6 · · Score: 1

      Yes, but you don't have to be connected to the internet to have something hacked. It just requires more effort by the hacker if it isn't.

    49. Re:Maybe... by Fulcrum+of+Evil · · Score: 1

      How about the lady that put the McDonalds hot coffee (law requires it be a minimum temp, at least in my state) in her lap between her legs while driving? Well if you haven't she squeezed, it popped, she got burns in places you don't want burns. She ended up suing McDonalds, I don't recall the result on that one.

      She sued for damages, as McD's had settled a number of similar cases like that. McD's turned her down, it went to a jury, who fined them 1 day's coffee sales. After the lawyers got paid, a judge reduced it on appeal, and the lawyers refused to reduce their take, so she bankrupted. McD's now serves coffee at a reasonable temp, not +20 of industry norms.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    50. Re:Maybe... by Anonymous Coward · · Score: 0

      Well, what about suing Ford because someone broke into and stole your car by passively determining your wireless key's transmission information, i.e. due to insufficient encryption/security? Or suing Microsoft for installing backdoors into their server software, that some hacker could figure out and exploit? I think the manufacturer is responsible for a certain amount of security in these regards, although what it is for robotics is yet to be determined.

    51. Re:Maybe... by 91degrees · · Score: 1

      How about the lady that put the McDonalds hot coffee (law requires it be a minimum temp, at least in my state) in her lap between her legs while driving?

      I only heard about a lady who put it between her legs whilst sitting in the passenger seat of a parked car, and then got burned by coffee that was so hot it required hospitalisation. Other establishments seem to manage to serve coffee at a temperature that doesn't cause third degree burns when spilled.

    52. Re:Maybe... by Dabido · · Score: 1

      iLawyer.

      I bet it's favourite saying is,'Kiss my 24 carat solid gold @$$, meat bag!!!'

      iLawyer: Let's sue them for one billion and one dollars.

      Client: Why not one billion and two dollars?

      iLawyer: Don't be stupid. You know there's no such thing as a two!

      --
      Sure enough, the cow costume was hanging up next to the superhero outfit and sailors uniform. (S,Spud)
    53. Re:Maybe... by AmiMoJo · · Score: 3, Insightful

      The reason Windows has had so many exploits is because in the 90s people were demanding an OS compatible with their existing software, i.e. one where you run at root all the time with no firewall and all services on by default. All applications are trusted to make system wide changes. If you changed any of that they wouldn't install or run. XP made things a bit better but it wasn't until Vista that they changed the default to untrusted and look at how (un)popular that decision was.

      Vista was the bitter medicine needed to force developers to start behaving. The much hated UAC prompts were not for users, they were to make the experience of badly written software so shitty that the developer would be forced to change it. Now 7 is out and more of the legacy crap has been dropped, as well as applications in general becoming less stupid and more compatible with secure settings, Windows is actually fairly secure. Certainly the days of limitless remote exploits are over, with most hacks being targeted at applications instead of the OS. A lot of exploits rely on the user doing something stupid such as installing random software they downloaded. Nothing is perfect but companies running Vista/7 have a lot fewer problems with viruses than those still on XP.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    54. Re:Maybe... by MadKeithV · · Score: 1

      What if it's a robot programmer?

    55. Re:Maybe... by Psmylie · · Score: 1

      What if it's a robot programmer?

      One way or another, it would be a robot programmer programming your robot.

      --

      psmylie's dictionary: Godzillion (noun) Any number large enough to destroy Tokyo

    56. Re:Maybe... by Psmylie · · Score: 1

      Most programmers can barely write working code, and yet we magically think they'll somehow be able to write secure code. You have to walk before you can run.

      Which makes me wonder if, when we get hackable robotics that are actually capable of injuring or killing people or damaging property, if we'll see an agency established along the lines of the FDA to review software for security.

      Not saying it's a good (or bad) idea, just wondering about it.

      --

      psmylie's dictionary: Godzillion (noun) Any number large enough to destroy Tokyo

    57. Re:Maybe... by Anonymous Coward · · Score: 0

      (Don't know who'd want to buy it, but still...)

      Dunno, the rest of the fiction you just wrote was fairly entertaining; someone might pick it up for a laugh.

    58. Re:Maybe... by TWX · · Score: 1

      I had to deal with a friend's 7 box that had a rootkit that hijacked clicking on the results of Google searches, redirecting to ad sites that then went on to try to install more malware. Windows 7 may not be vulnerable to many of the old problems, but it's still exploitable through the web browser.

      Back as a college student in the nineties I used the university's SunOS box for much of my homework. Even with thousands of users on simultaneously there weren't nearly the problems that we see even today on Windows. I had a GUI environment, a web browser, and e-mail client, a rudimentary word processor with typesetting, all without having to drop to a command line shell. Worst case it seemed if someone screwed up all they did was to toast their own home directory.

      Microsoft could have chosen the virtual machine route for Windows 95, or could have found ways to install some kind of "compatibility mode" even back then, but they chose instead to work on Microsoft Plus! and UI prettiness. They could have worked to bring the consumer and professional development lines closer together faster than Windows XP, but again chose not to. They could have bit the bullet and pissed off some users because Clarisworks 4.0 for the PC wouldn't load, but those users wouldn't have had much of a viable alternative in a PC OS anyway, and probably would have stuck around regardless. Instead, they chased profit and prettiness in the UI at the expense of all of us and the security and integrity of our data.

      Back to the university computers- certainly I couldn't modify the software choices installed for everyone by the administration, but I was free to install my own software choices in my own home directory and to run those, which I did. They were slow to update the browser, so I would compile from source when a new one was out. I still had choices even in the days when it wasn't *my* computer, and the platform was certainly more stable than anything out of Redmond, even today.

      --
      Do not look into laser with remaining eye.
    59. Re:Maybe... by AmiMoJo · · Score: 1

      I had to deal with a friend's 7 box that had a rootkit that hijacked clicking on the results of Google searches, redirecting to ad sites that then went on to try to install more malware. Windows 7 may not be vulnerable to many of the old problems, but it's still exploitable through the web browser.

      Of course I'm not saying it is bullet proof, only a lot better now. Consider that in your example the exploit is not simply through the browser. In order to root-kit the system it would first have to exploit the browser and then exploit the OS to allow privilege escalation to a system level process before it could install.

      Worst case it seemed if someone screwed up all they did was to toast their own home directory.

      So in other words exactly the same as Windows 7 then, in that a normal user account can't trash anything but their own files unless the virus exploits a bug in the OS. Unless you are claiming that SunOS was 100% vulnerability free there is no difference, other than Windows being more popular and thus having more people looking for said vulnerabilities.

      Microsoft could have chosen the virtual machine route for Windows 95, or could have found ways to install some kind of "compatibility mode" even back then, but they chose instead to work on Microsoft Plus! and UI prettiness.

      Not really. Aside from needing to be compatible with a lot of DOS/Win3.11 software that was dependent on e.g. accessing the parallel port hardware directly the technology for the level of virtualization and sandboxing required just didn't exist back then. Few people thought it was necessary either because dial-up was only just taking off and most viruses came on floppy disks. Most computers had only one user. Remember that 95 didn't even keep separate document directories for different users - the only benefit of logging in was to override a few settings with your own preferences. FAT32 had no access control at all and it was not deemed necessary outside of multi-user systems.

      It is easy to see the problems with hindsight and MS certainly did take far too long to get on top of them. They were hardly alone though; MacOS, AmigaOS, TOS (Atari), OS/2, GEM... None of the PC desktop systems of the time were hardened against attack. The average user would have had no chance of administering a SunOS system back then, and when you look at how ready people are to blindly click through warnings and type their root password just to install a stupid screensaver I don't think they would be much better now.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    60. Re:Maybe... by TWX · · Score: 1

      Well, at least to the SunOS example, remember, the bulk of the people using that box were programming students and I'd think that a very much higher percentage of the users were actually looking for vulnerabilities intentionally compared an average segment of the population. If anything, it was a pressure-cooker environment where people were trying to break in and had local accounts allowing for the running of all kinds of tools to attempt to do so.

      I'll agree that most OSes weren't secure either- Microsoft couldn't have implemented protected mode in early PCs because Intel's processors lacked it in hardware, while Apple chose not to implement it even though the 68K architecture had it available.

      I'll even agree that users can be a problem much of the time, but when one doesn't even have the option for users to learn good practices and educates them to do poorly they will do poorly. We can't know truly how people would be today regarding the security of their PCs if PCs had always been somewhat secure platforms because we don't know how users would act if they'd always been used to secure platforms.

      --
      Do not look into laser with remaining eye.
  2. How is this interesting? by Haedrian · · Score: 2

    Or even news?

    What happens if kids break into your house and break your dishes? You sue their parents? You sue the school for not teaching them well? You sue the government for not putting enough money in education?

    There is no logic to who gets sued. Suing is an interesting part of physics - whenever there is a "Lots of money" gradient, and a "Has worse Lawyers" gradient, the suing target moves.

    Now I'll just be off suing microsoft for my latest virus. Brb.

    1. Re:How is this interesting? by Anonymous Coward · · Score: 0

      >> What happens if kids break into your house and break your dishes? You sue their parents?

      Obviously my wife didn't pick out your dishes.

    2. Re:How is this interesting? by tukang · · Score: 1

      It depends. If I bought a lock that was advertised as safe and the kids picked it with a paper clip then I may very well sue the company responsible for that advertisement. I think software is no different. You have to look at what was promised and what was delivered. The sophistication of the hack - actually the hole - also matters in determining if there was negligence. If the kids used a backdoor program that the devs forgot to take out or if the devs forgot to do something as simple as defending against sql injection then I would call that negligent (if the product was advertised as secure that is).

    3. Re:How is this interesting? by kthreadd · · Score: 1

      Actually, I would go to their parents, tell them about it and ask them nicely to not let them do that again. Then I would buy new dishes.

      Would people really go to court over this? Seriously?

    4. Re:How is this interesting? by Surt · · Score: 1

      Well, given the kids were said to have broken in, if the parents didn't volunteer to replace the dishes, and said dishes were sufficiently expensive to replace ... I could well imagine using small claims court to repair that defect in the parents.

      Some people like to eat using fancy dishes. Like $500+ per plate. Not me, but I'm just saying, this scenario could have been about a serious amount of money. Less so if you eat off of $0.25 IKEA plates.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    5. Re:How is this interesting? by Anonymous Coward · · Score: 0

      Someone doesn't even need to break into your house to cut the brake lines on your car or sugar your gas tank

  3. Programmers? by Anonymous Coward · · Score: 0

    Why would they be liable? At the very most the company they work for would take the liability. But even then, they didn't do anything malicious in this case.

    1. Re:Programmers? by OddJobBob · · Score: 2

      Yes it is the CEO or Engineering director they should go after. We had a boss who was insistent that we did not waste money getting our equipment tested by an external body for electrical safety, until he was informed that he was the person that could go to prison if some died as a result.

    2. Re:Programmers? by cjonslashdot · · Score: 1

      Yes, this is the real issue.

      Software will not become more reliable until businesses start to value reliability, and they will not until the risk of liability becomes large and widespread.

      As more and more of our lives depend on software, 99% reliability is no longer enough. A time will come when there will be a backlash against unreliable programmed devices, and litigation will be a part of this. At that time, organizations will have to entirely revise the way that they build their software, adopting methods and technologies that enhance reliability. At the present time, reliability is an after-thought. This is not sustainable. If every device in one's environment has 99% reliability and one uses 1000 devices every day, then something will always be failing.

    3. Re:Programmers? by Peeteriz · · Score: 1

      Business will not value reliability until consumers will start so.
      Not all, but most consumers will choose lower price to slightly higher reliability. My stuff doesn't have to be 100% reliable - stuff breaks, I replace it; if it breaks in the first year or two, then I get a free replacement due to warranty laws in EU; so why should I choose to pay more for vague promises of higher reliability?

    4. Re:Programmers? by Anonymous Coward · · Score: 0

      A time will come when there will be a backlash against unreliable programmed devices, and litigation will be a part of this.

      ...and on that dark day of lawsuits and regulation, programming will finally disappear from the U.S., as the costs of development and legal dealings soar -- mirroring what happened with the manufacturing industries. Won't that be great?

    5. Re:Programmers? by cjonslashdot · · Score: 1

      I am not talking about something physically breaking. I am talking about something not working right when you need it to. Software glitches, such as a device freezing and needing to be restarted, or losing all of your data.

    6. Re:Programmers? by OddJobBob · · Score: 1

      There is the inconvenience factor. If your cheap device breaks how long it is before you get a replacement? What if it fails in such a way to cause damage - the cheap laptop replacement power supplies from china for example. 10 euro gizmo versus the cost of a life or a house?

    7. Re:Programmers? by OddJobBob · · Score: 1

      The discerning customer already does care about reliability of software. Look at the various prices you can pay for PVRs for example, the forums are full of complaints about the cheapo ones crashing and the expensive ones less so.

      Another example is on aircraft. Have you ever been on a long-haul flight where the entertainment system is off or the telephone/Internet system does not work? In these cases the airline has a policy not to reset a system while in flight. They kick up a hell of a fuss about this as they lose revenue. The software has to be reliable as a simple reboot is not possible.

    8. Re:Programmers? by zz5555 · · Score: 1

      Yes, this is exactly the case. We have similar situations in aeronautical engineering: If I'm an engineer working for an aircraft company and I make a mistake and put a flaw into the design of an aircraft, and if that flaw ends of causing a crash and killing people, I am not liable. The company I work for is because I don't sign my name to the design and, generally, I have no control over testing that might have been able to uncover the flaw. That is, unless I'm a licensed Professional Engineer. In that case I do sign my name to the design and I do become liable. I had a professor in college who would always go over this point in one of his classes.

      There has occasionally been talk about licensing software engineers and I've always tried to raise this issue when it comes up. As software engineers, we're often slave to the schedules and product requirements coming from management. I've been on any number of projects that started out with great intentions, planning to do code reviews and testing of every line of code. But as schedules slip, guess what's the first things to be thrown out of the development process?

    9. Re:Programmers? by mini+me · · Score: 1

      There is, however, a huge difference, in terms of development costs, between reasonably reliable and 100% mathematically proven reliable. The latter would result in a PVR no normal person could afford, with little real benefit.

    10. Re:Programmers? by OddJobBob · · Score: 1

      That is why they cost more. Both versions can make it to market by passing the governing body test suite and from experience this is far from adequate. I would hope to see more testing and beta trials for the more expensive version. I would never pursue 100% reliablity and did not say so in the post.

    11. Re:Programmers? by GooberToo · · Score: 1

      Why would they be liable?

      You're fairly nieve. This exact concept is what has destroyed light aviation in much of the world. Example, pilot, in small plane, flies into clouds, without training, and crashes into a tower. Reasonable people say this is the pilot's fault. Owners of tower are without service and so they sue. Turns out they are not happy with the insurance of the pilot so they also sue the pilot's instructors, airplane manufacturer, the engine manufacturer, the tire manufacturer, the prop manufacturer, and the mechanics who last annual'ed the aircraft. And that's the short list.

      Its widely estimated that half of all aviation costs are directly and indirectly attributed to legal liability suits and insurance premiums. Think about that for a second. Now ponder the absolute greed and massive stupidity which is required to allow such a thing to happen. Remember, it wasn't that long ago that a new plane could be purchased for the cost of a low end luxury car. These days that will only get you into the used market. In doing so, lawyers have literally destroyed hundreds of thousands of jobs.

      America is literally one of the most litigious places on Earth. We elect lawyers who then create idiotic laws who primarily and secondarily only benefit other lawyers. Absolutely do not under estimate both the stupidity and greed of the masses; nor the greed and desire of lawyers to lie, manipulate, and generally misrepresent to said masses.

      One of the biggest dangers America has ever faced is lawyers.

  4. Am I the only one who by Anonymous Coward · · Score: 0

    remembered the movie 'Runaway'? Cynthia Rhodes was hot then.

    1. Re:Am I the only one who by WrongSizeGlass · · Score: 2

      remembered the movie 'Runaway'? Cynthia Rhodes was hot then.

      But she wasn't sued because the rest of the movie sucked.

  5. Stop the insanity ! by Dolphinzilla · · Score: 4, Insightful

    This in my opinion is a major reason our society is so screwed up - why should we even consider it reasonable that lawyers can go after software engineers and programmers to "make someone pay" because the real criminals have no assets. Product liability insurance is a major reason why some things cost so much and until we break the cycle and get the lawyers out of control (most of them run our governments)these frivolous lawsuits will continue - in the end the only people that really win are the lawyers. This is the same argument as going after a Glock handgun designer because one of their weapons was used to shoot someone - its absurdity to the max

    1. Re:Stop the insanity ! by thetoadwarrior · · Score: 1

      why should a software company hold no responsibility for anything their software does or lacks? I don't think you can blame a programmer for a problem with their software if the problem originates outside of their code but I do think companies should be held responsible for pumping out shit software.

    2. Re:Stop the insanity ! by Sique · · Score: 1

      I completely disagree with you on that.
      A product designed by an engineer is sold to a layman, who is by definition not able to assess the inherent dangers of its use. If he was, he wouldn't need the service of an engineer to design the product in the first place. A layman is not an engineer. An engineer thus has either to transfer all the knowledge necessary to operate the product safely to the customer, or to make its use not dangerous, even the use the product was not originally intended for. And of course this can be controlled and if not correctly done, being sanctioned.

      --
      .sig: Sique *sigh*
    3. Re:Stop the insanity ! by Anonymous Coward · · Score: 0

      Someone please :swoosh!: me. Tell me that was a joke that went over my head. Because under that system no one would be allowed to sell anything more complicated than a stick. Maybe not even that.

    4. Re:Stop the insanity ! by Moof123 · · Score: 1

      Advertising using blatant falsehoods is likely more of a damper than liability losses.

      The level of lies about the functionality and usability of most software (and most other things) boggles the mind. The lost time and effort for folks trying to dig into the truth is immense, and if anything it should be easier to take these companies to task for wild claims that are only farcically supported by reality at best.

    5. Re:Stop the insanity ! by Anonymous Coward · · Score: 0

      There is no cause-effect relationship to be found. They only sue to get the expensive process going to create a basis for fees just like some consultants in other fields, particularly in the government sectors. This is allowed to go on as the courts and judges are creating a basis for fees as well. The system feeds itself. Market regulation for legal services, changes to the procedural laws and basic ethics and education with the enforcement through guilds and professional organizations should be enough to fix the situation over a few generations of lawyers.

    6. Re:Stop the insanity ! by Anonymous Coward · · Score: 0

      The manufacturer of the pistol is probably innocent. Less innocent is the marketing man who, for cash, put it into the hands of someone prepared to use it. We've all encountered angry people - that's life. But I'd rather not be in the same place as an angry man with a loaded gun. It ain't guns that kill people - its the idiots that distribute them.

    7. Re:Stop the insanity ! by PseudonymousBraveguy · · Score: 1

      The need to point out dangers that are not obvious to a customer is, in principle, a sane approach. But it entirely depends on the level of common sense you can legally assume the consumer to possess. In europe, you usually assume the consumer to be mostly sane, and not retarded. In that case, the system works fine. In the US, you sometimes seem to assume that the customer is the most redarded dickhead nature was able to create. In that case, you are stuck with insanely stupid warnings like "hot fluids must be handled with care", "objects in the mirror are closer than they appear" and "do not dry your pet in the microwave".

      If you try to sue a car manufacturer in europe because you didn't know that cars in the rear view mirror appear smaller than in reality, you most probably would be deemed unfit to operate a vehicle and get your drivers licence invalidated.

    8. Re:Stop the insanity ! by OddJobBob · · Score: 1

      The only purpose of a handgun is to kill. It's that plain and simple, you buy the handgun with only one thing in mind so the manufacture is not liable for your actions. If however you buy a device that can be made into a weapon such as a deactivated one the manufacture has to be seen to have made reasonable steps to prevent this.

    9. Re:Stop the insanity ! by Anonymous Coward · · Score: 0

      Cite some sources (i.e., facts) showing the relationship between product liability insurance and cost.

      BTW, that Glock comparison was a real classy choice.

    10. Re:Stop the insanity ! by lennier · · Score: 1

      The manufacturer of the pistol is probably innocent. Less innocent is the marketing man who, for cash, put it into the hands of someone prepared to use it.

      Except that pistols are only designed for one purpose, and that is to kill whatever they are pointed at. It would seem rather disingenuous for a gun manufacturer to say 'I built the device - but I never intended it to be used on a living being! I'm shocked, shocked that someone would do such a thing!'

      It ain't guns that kill people - its the idiots that distribute them.

      Strictly speaking, it's not actually bullets that kill people either, it's kinetic energy. Newton's dead hand strikes from beyond the grave! It's all his fault.

      Meanwhile, in the real world, it exactly is guns that kill people. It's what they're designed and built to do - you can't wash the windows with a revolver, or mow the lawns with a shotgun. They are tools which serve the purpose for which they are constructed, and do it well. Things well made.

      --
      You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
    11. Re:Stop the insanity ! by Anonymous Coward · · Score: 0

      Uh.. what? If an engineer needs a new tv, even an engineer that helped design the latest and greatest tv, he is going to go buy a tv. why? Because the cost of building a tv is relatively expensive. Buying one is relatively cheap because they have specialized production tools and economies of scale.

      Second, and really more importantly, no engineer can transfer all knowledge to safely operate a product or make it not dangerous for uses it is not intended for. It isn't possible. In part because even the engineer is unlikely to know all the ways in which a product can fail harmfully. And in part because the general population of users have specialized knowledge in how to fuck things up that sane people and the product's engineers couldn't imagine you'd do.

    12. Re:Stop the insanity ! by wagnerrp · · Score: 1

      I completely disagree with you on that. A product designed by an engineer is sold to a layman, who is by definition not able to assess the inherent dangers of its use. If he was, he wouldn't need the service of an engineer to design the product in the first place. A layman is not an engineer. An engineer thus has either to transfer all the knowledge necessary to operate the product safely to the customer, or to make its use not dangerous, even the use the product was not originally intended for.

      A lawn mower can be a very dangerous device. It has a large, sharp blade, spinning at a high rate of speed. Common sense dictates that you treat such an implement with care and respect, and make sure nothing to care about gets near the large spinning blade. If you pick up the lawn mower and use it as a hedge trimmer, you deserve your fate. You should not be able to sue someone for not explicitly indicating the possible harm.

    13. Re:Stop the insanity ! by Anonymous Coward · · Score: 0

      Most of the people who run our governments are lawyers. This is not the same as stating (as you did) that most of the people who are lawyers run our governments, which seems to be false.

  6. Most software licenses limit liability by Edgester · · Score: 1

    Most software licenses have waivers of liability, and have a limit on the monetary damages. The limit is usually the purchase cost of the software. So, you can get a refund, and that's it. The only place I see that isn't waived are safety-critical applications, like medical devices, nuclear devices, vehicles, and factory floors. These are typically hard real-time systems. Besides, you can always blame the owner for not patching the system! The "unlock your car or home from your iphone" apps really worry me.

    1. Re:Most software licenses limit liability by M.+Baranczak · · Score: 1

      I didn't even bother reading this article, the whole idea is ridiculous. If this was really a problem, then Microsoft would have been sued into oblivion before this century started.

    2. Re:Most software licenses limit liability by Anonymous Coward · · Score: 0

      Most software licenses have waivers of liability, and have a limit on the monetary damages.

      And those waivers don't mean anything unless a judge says they do, and even then, another judge may decide differently.

    3. Re:Most software licenses limit liability by jbengt · · Score: 2

      Most software licenses have waivers of liability, and have a limit on the monetary damages.

      Liability clauses can work both ways.
      If a robot company produces and sells robots that cause harm, then they can be sued under product liability laws, which apply strict liability standards (in the US, anyway), which means that absent post-sale changes to the product, the producer/seller is liable, period. (If the harm is caused by a hacker, that's a different story.)
      However, if a software company provides a service to a robot company, then the software may fall under a different liability doctrine in which the robot company would need to prove that the software company failed to use a reasonable standard of care in order to collect from them. Reasonable care is determined largely by comparing to the typical standard of care in the industry. In that case, any decent programmer would be safe from liability.
      However, any competent legal advisor for the robot company would add clauses to the contract requiring the software company to indemnify the robot manufacturer from software failure. This is what insurance companies are for.

      IANAL
      YMMV

    4. Re:Most software licenses limit liability by jbengt · · Score: 1

      If this was really a problem, then Microsoft would have been sued into oblivion before this century started.

      Because Microsoft sold so many defective robots in the '90s?

    5. Re:Most software licenses limit liability by GrumblyStuff · · Score: 1

      Hm. Do AV companies pull this same stunt? I mean, if there's any particular software that should produce liabilities (as in "in exchange for money, you protect my system" kinda deals, thus excluding free licenses or open source stuff), you'd think it'd be the ones hootin' and hollerin' that they're needed to protect you from internet boogeymen.

    6. Re:Most software licenses limit liability by Surt · · Score: 2

      Precisely. Most of them didn't even move.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    7. Re:Most software licenses limit liability by mirix · · Score: 1

      exactly, my code usually has this. But does it stand up?

      This program is distributed in the hope that it will be useful,
      but WITHOUT ANY WARRANTY; without even the implied warranty of
      MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
      GNU General Public License for more details.

      --
      Sent from my PDP-11
  7. In united states, very probably. by unity100 · · Score: 2

    because the legal system encourages profiteering over reparations. especially for the law firms. it is natural that these firms would use any excuse to have people sue other people for all kinds of bullshit.

  8. It's God's fault. I'm just a poorly programed..... by Eightbitgnosis · · Score: 1

    robot, so the charges ought to be dropped. Right officer?

  9. Nah by RyanFenton · · Score: 2

    1. Manufacturers will very likely isolate their product from function, only selling unprogrammed tools with APIs, to companies who resell the devices with an OS with strict functionality limitations, and DRM-like lockouts to isolate themselves from liability.

    2. Companies will be careful in the beginning to set precedence that allows them to bypass such liability. Likely they'll create a set of manufactured "harm" scenarios, with honest but complicit victims with a vested interest in blocking most future lawsuits based on indirect liability.

    Only once liability precedence has been set will the APIs open up on consumer tools from the major manufacturers. The court system may be insane in many ways - but they function to the needs of large companies - mostly as a negotiation device, and a filter for amount of money owned ("You must be this rich to use the court system").

    Ryan Fenton

  10. Anyone can be sued by hsmith · · Score: 1

    But programming has been around long enough that 1) I am sure there is an instance of this already and 2) There have been plenty instances of bad things occurring already that it should have happened if it was going to.

    1. Re:Anyone can be sued by Anonymous Coward · · Score: 0

      Where is the news? Professional programmers should carry liability insurance just like physicians, product manufacturers and retailers

    2. Re:Anyone can be sued by hsmith · · Score: 1

      why would a programmer need to carry this liability insurance. If they work for a business, they are shielded by the businesses liability insurance.

  11. Bad Ideas by crow_t_robot · · Score: 1

    This article could potentially give Dr. Forrester some bad ideas...Joel already has enough to deal with!

    -Crow T. Robot

  12. sure, lets sue everyone, just for money sakes by Nyder · · Score: 1

    Yes, and lets sue car manu's for making cars that can kill people.

    Or gun makers since guns kill people.

    Or the president, since he's, well, in charge.

    I'm suing slashdot for these crappy articles.

    Seriously, wtf is wrong here? I know it's sunday, but is this really news?

    --
    Be seeing you...
    1. Re:sure, lets sue everyone, just for money sakes by Surt · · Score: 1

      Guns are a little different from your other cases because having killed a person, you've only proved the guns fitness for purpose. You've made any liability suit for poor design harder, not easier, in that case.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
  13. Bad example by Anonymous Coward · · Score: 0

    The example is aweful, but the problem is real. A better example would be driver-less cars, driven using AI and sensors. The technology has been there for some time now, but think of the legal liability! Even is such a system reduced the overall road deaths, it would shift liability from the customer to the manufacturer.

    Of course there are other issues in this case as well.

    1. Re:Bad example by jbengt · · Score: 1

      The problem is real for the manufacturers. But there may still be a significant question remaining whether programming provides a service or creates a product. The liability differences between the two are great.

  14. Didn't happened by gmuslera · · Score: 1

    Microsoft got ever sued for the damaged caused by the thousands of virus/botnets/trojans/intrusions caused by the "security" of their software? Not even got hit for delaying applying patches for known or being exploited vulnerabilities ever.

  15. The young programmers must have something by Anonymous Coward · · Score: 0

    Usually young programmers have jobs, if they don't they can at least give works for the government as payment.

  16. If so, then I'm suing God by Anonymous Coward · · Score: 1

    I'm going to sue God for creating me nearsighted, overweight and socially awkward.

  17. speculation by wizardforce · · Score: 1

    isn't it likely that the lawyers will go after the programmer who designed it or the manufacturer who built it? In our society, the liability concept is upwardly mobile, searching always for the deepest pocket.'"

    If there's someone that will pay them for doing so, then sure, they may try. But why single out robots when there's already a device in most peoples' homes that is already being hacked for malevalent purposes? When is the last time anyone has brought a suit against Dell (and it went anywhere) because someone's computer was hacked/infected with malware and started acting as part of a botnet?

    --
    Sigs are too short to say anything truly profound so read the above post instead.
  18. liability by Anonymous Coward · · Score: 0

    "the liability concept is upwardly mobile, searching always for the deepest pocket.'" .....well....that probably rules out the programmers.....

    dan.

    1. Re:liability by SuricouRaven · · Score: 1

      Credit travels upwards, blame travels downwards. That's the way it works.
      - Pointy-Haired Boss.

  19. But but by Anonymous Coward · · Score: 0

    The 'Suits' (management) are already against us programmers, they don't need inspiring...

    1. Re:But but by neminem · · Score: 1

      I'm glad I'm not the only one who read it like that ("wouldn't robots inspire programmers way the frack more than the average suit would likely be inspired by one?")

  20. Easy fix by rwa2 · · Score: 1

    Simply have human operators responsible for "monitoring" the robots. They take all the liability if something goes wrong.

    After all, that's why (largely autonomous) light rail / subway trains pay college students / poor people / etc. to sit in the cab and hold the "door open" button for the train.

    Probably also why we'll never have fully automated cars and passenger aircraft as well. Easiest to just blame the driver / pilot / etc. for failing to handle the situation appropriately. Or at least they're their to cast doubt on the court cases, as in how Toyota insists that drivers are just confusing the brake and the gas pedals with the runaway throttle problem.

    Simply doesn't make sense for any company to allow themselves to be held fully liable for any fully automated product they sell, when they can shift / share the blame with some kind of operator.

  21. There's the option "You sue all of them?" by Cyberax · · Score: 1

    Subj.

    Also, I'm lodging a complaint against you for disturbing my mental balance by insinuating that suing random entities is somehow NOT good. Prepare to pay me ONE BILLION DOLORS!

  22. How about door locks? by velja27 · · Score: 1

    Does the door locks engineer or company get sued cause a burglar picked the lock? I don't think so.

    1. Re:How about door locks? by Surt · · Score: 1

      Depends on if they advertise their lock as being immune to picking in order to increase sales.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
  23. Backwards by dissy · · Score: 0

    Sounds to me he is describing the dangers of a society where "the liability concept is upwardly mobile, searching always for the deepest pocket" more than any dangers of robots or programmers/engineers...

    In fact this is and will be a problem with everything done in such a society, and shows how if the legal system is not radically changed, it will be the downfall of all innovation, which we have started to see with other countries leaping ahead in technical industries.

    Unfortunately this system is designed in such a way to further propagate itself with little to no checks or balances in place to stop it, short of self destruction.
    I sure hope I am wrong about that fact, but this articles author seems to have no insight to show otherwise.

  24. also the autopilot does not work well when things by Joe+The+Dragon · · Score: 1

    also the autopilot does not work well when things go wrong and that when you need some there ask any pilot about that.

  25. Send the Robots after the Lawyers by Beer+Drunk · · Score: 1

    Really all of our national foundations seem to have been compromised by wiseguys who have figured out how to game the systems. Our legal system has become the weapon of choice for robbery by lawyers and our economy has been trashed by bankers and Wall-Streeters who have turned that system into a mega Rube Goldberg machine that nobody can figure out.

  26. Article is completely ridiculous. by mbstone · · Score: 1

    You build a product that might possibly injure somebody, you buy insurance. But if the product does injure somebody, they can't sue your insurance company. Heavens to Betsy, some juror might find out that an insurance company is really the defendant! Can't have that, juries are dumb! We'll make them sue the programmers or engineers. We'll have some stooge geek sitting in the dock, and we'll pretend through the entire trial that the engineer is really going to be personally liable for paying the verdict instead of our insurance company.

  27. This is why punitive restitution is the best way by MikeRT · · Score: 2

    Instead of locking the punks up, make them pay the victim 7 times the value of the damaged property. Deny them welfare until they've paid it back. If they commit another felony while they're still paying it off, double the sentence for that felony.

    On the surface, it may sound harsh, but if they do $1000 of damage to their neighbor and the court makes them pay back $7,000 as restitution and punishment instead of booking them in the pokey for two years, which is less disruptive? Having to pay back $7,000 with no interest at 1-2x minimum wage or doing prison time and then trying to find a job?

  28. Do we even need an analogy? by Roger+W+Moore · · Score: 1

    If this is a likely scenario then where are all the people suing Microsoft because Windows let hackers install malicious code which deleted data. This happens frequently and yet I'm not aware of MS getting sued.

    1. Re:Do we even need an analogy? by SuricouRaven · · Score: 2

      I recall the MS EULA specifically prevents any liability. It's near the bit that forbids the use of general-purpose Windows licences in the operation of nuclear facilities or other places there there is potential for epic fail. Maybe robots will have an EULA too, with a similar clause.

    2. Re:Do we even need an analogy? by 91degrees · · Score: 3, Interesting

      Why do people always assume that just because it's in the EULA, it's legally binding. It's a factor, certainly, but generally courts take a dim view of companies trying to weasel out of their legal obligations with this sort of thing. There's still an expectation that the software is fit for purpose.

    3. Re:Do we even need an analogy? by tftp · · Score: 1

      There's still an expectation that the software is fit for purpose.

      But it's not you who defines the purpose, it's the manufacturer.

      Imagine that someone took a MS flight simulator software, connected it to a real airplane somehow, switched the autopilot on, and the airplane fell to the ground. Can he sue Microsoft?

      If the manufacturer tells you that the software is not fit for certain uses, you'd better believe it. Software for autopilots may come with formal proofs of correctness.

      If I were the robot manufacturer I would say in the EULA that the control interface needs to be protected with an adequate firewall, and it's the responsibility of the user - we make robots, not firewalls. If a hacker went through the firewall then it's your fault - we didn't even sell you one.

    4. Re:Do we even need an analogy? by 91degrees · · Score: 1

      That's fine. Ms Flight Sim is not designed for doing that, and any reasonable person should realise this. It is designed to give a reasonable approximation of flying a plane. If it crashed after 5 minutes of use, and MS buried the claim that Ms was not responsible for reliability then they would lose because any reasonable person would expect a piece of commercial software to be more reliable than that.

      Expecting a firewall would be reasonable. Designing it with absolutely no security whatsoever and claiming that any security issue were the responsibility of the user would be seen as a much less reasonable disclaimer.

    5. Re:Do we even need an analogy? by fluffy99 · · Score: 1

      Why do people always assume that just because it's in the EULA, it's legally binding. It's a factor, certainly, but generally courts take a dim view of companies trying to weasel out of their legal obligations with this sort of thing. There's still an expectation that the software is fit for purpose.

      Putting the expected use of the product in the EULA is one way manufacturers defined expected use, even if it's a bit obfuscated. They are saying this product should not be used where failure would result in catastrophic results. This is no different than a rope manufacturer saying their rope should not be used to suspend overhead loads where a rope failure could kill someone. If you need a rope for that, you get one pre-tested and certified for overhead lifting.

    6. Re:Do we even need an analogy? by AmiMoJo · · Score: 1

      Fit for purpose is not the same as unhackable, in the same way as car door locks are fit for purpose but not unbreakable. Actually locks are a bit of a grey area because it turns out they are easy to hack and manufacturers knew that, but AFAIK there has not yet been a successful suit arguing that. You can bet that somewhere in the small print it says "don't use this as your only means of preventing access".

      Of more concern for programmers is the potential for bugs to injure people. If you coffee making bot accidentally adds rat poison instead of sugar because it can't tell the difference between the two jars then you are probably liable. Easy enough to fix though, just require a valid barcode on "compatible" sugar.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  29. An amazing argument by Anonymous Coward · · Score: 0

    An amazing argument for tort reform in our country.

  30. Not society by Anonymous Coward · · Score: 0

    Government. Government holds the key. "Society" merely follows the law, but it is precisely government that defines the law. The reason our country is drowning in frivolous, unjust, and excessive lawsuits isn't because "we" as a "society" made it so; it is because government made it so. Accordingly, only government can reverse it, by simplifying and clarifying the law, rendering it much less lucrative for those who would exploit the law for profit.

    Of course, that's never going to happen -- for all the dirty billions made by slimebag lawyers, megacorp executives, and your low-life neighbor who sued you for slipping on your wet driveway, it is the business of government which is the real winner. After all, we are talking about the most expensive, most powerful government in world history.

  31. "programmer who designed"? by John+Hasler · · Score: 1

    Programmers program. Engineers design. And the manufacturer of the robot would be no more likely to be sued than Ford would if the kids had smashed in the side of the house with a stolen Taurus.

    If the kids had found a Sawzall in the basement and used it to trash the house do you think the homeowner could hold Milwaukee Electric Tool liable?

    --
    Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    1. Re:"programmer who designed"? by russotto · · Score: 1

      If the kids had found a Sawzall in the basement and used it to trash the house do you think the homeowner could hold Milwaukee Electric Tool liable?

      You wouldn't think so, but then you see things like the Louisville Slugger case, where the manufacturers of a baseball bat were found liable for the death of someone hit by a batted ball, and you realize anything can happen in the court system.

    2. Re:"programmer who designed"? by Registered+Coward+v2 · · Score: 1

      If the kids had found a Sawzall in the basement and used it to trash the house do you think the homeowner could hold Milwaukee Electric Tool liable?

      You wouldn't think so, but then you see things like the Louisville Slugger case, where the manufacturers of a baseball bat were found liable for the death of someone hit by a batted ball, and you realize anything can happen in the court system.

      Without getting into weather or not the verdict was correct, the argument was that aluminum bats are much less safe than wood and H&B should have known that when they started making and selling them. I think similar arguments will be made (and no doubt have been) for robotic devices as they start causing problems. Defective or negligent design is the responsibility of the manufacturer; of course the definition of defective or negligent is open to interpretation.

      --
      I'm a consultant - I convert gibberish into cash-flow.
  32. Understand where this is coming from... by benjamindees · · Score: 1

    Hu Jintao is on his way to Washington this week. The US and Chinese governments are basically married to each other at this point, whether they like it or not. And that marriage is built upon one thing: Western investment in a few big machines, operated by a bunch of small Chinese workers, and fed with resources extracted at gunpoint by the US military.

    Personal robots would screw up that dynamic entirely.

    That's the reason you see this constant droning fear-mongering bullshit about robot rights and robot liability and robot insurance from the US media-military-industrial complex. It isn't about safety or risk or even protecting American jobs. It's about protecting the incompetent globalist dipshits at the big banks who are selling out America to placate their hard-ons for centralized economic planning and production and a massive despotic government that confiscates the country's wealth just to dole it out to them via interest on their phony money and bail-outs of their stupid investments. It's about propping-up a means of economic production that is decidedly un-American, anti-middle-class and, in the long run, utterly self-destructive.

    Seriously, who do you really think will be responsible when, instead of building you things and saving you money and keeping you from buying any more disposable consumer junk from the big-box stores and enabling you to retire and pay off your mortgage early, your household robot goes berserk and breaks all your china?

    --
    "I assumed blithely that there were no elves out there in the darkness"
  33. Re:It's God's fault. I'm just a poorly programed.. by francium+de+neobie · · Score: 1

    Well, if we can extort money from God with our lawyers, then you're right.

  34. Not news by grumbel · · Score: 1

    People have already been killed by robots 30 years ago, so it isn't exactly a new thing that robots can do harm. Also why shouldn't the companies be liable? If you build something that is dangerous enough to do serious harm and sell it to lay persons, you better make sure that it has enough build in safety mechanisms and doesn't just go crazy because some script kiddy came along and wanted to have some fun.

  35. Anyone for MS then by vanuda · · Score: 1

    If one always can move for the one creating the system i would guess that MS would be a good target.. It's not that often a hacker is catched.. But MS can always be found..

  36. 4th Law by stealth_finger · · Score: 2

    1 A robot may not injure a human being or, through inaction, allow a human being to come to harm.

    2 A robot must obey any orders given to it by human beings, except where such orders would conflict with the First Law.

    3 A robot must protect its own existence as long as such protection does not conflict with the First or Second Law.

    4 A robot must not make a mess and if it does it must clear up after itself.

    --
    Wanna buy a shirt?
    https://www.redbubble.com/people/stealthfinger/shop?asc=u
  37. Legally-speaking, probably not by Grond · · Score: 1

    It is highly unlikely that the programmers or manufacturer of the original device would be liable. There are two main reasons. First, the wrongdoing of the hackers is almost certainly a superseding cause of the damage, which negates liability for negligence on the part of the programmers or manufacturer. Second, the product was not defective when it was sold and it was modified from its original condition, both of which negate products liability.

    The law is stupid sometimes, but it is not that stupid.

  38. doubtful by Gripp · · Score: 0

    I would say i could never imagine this happening... it is akin to suing MS because someone hacked your machine.... or a builder because someone broke into your house...
    but with how crazy law suits are anymore, i'm sure that at some point something just like this will happen.

  39. Re:also the autopilot does not work well when thin by Xugumad · · Score: 1

    Autopilots have a hard time dealing with situations that are not previously imagined, but don't underestimate how much the engineers can plan for, and the usefulness of an autopilot that can react far faster (and more calmly) than a human.

    That said, having a person on-hand is a good idea anyway, out of the basic principal of having no single point of failure for a system.

  40. Re:also the autopilot does not work well when thin by Xugumad · · Score: 1
  41. one additional step by ILuvRamen · · Score: 1

    They would have to make a law that states "All executable code must be 100% flawlessly perfect and represented as such" and modify the EULA to say that first. Somehow I don't see that happening.

    --
    Google's Super Secret Search Algorithm: SELECT @search_results FROM internet WHERE @search_results = 'good'
  42. Why stop there? by Bram+Stolk · · Score: 1

    Maybe take one more step: allow robots to own assets, and have them pay taxes? That way you do not have to go after the programmers.

    Every droid his/her own bank account.... That would be interesting. (hers will probably be bigger than his)

    --
    Bram Stolk http://stolk.org/tlctc/
  43. It all comes down to Tort reform is needed by flyboy974 · · Score: 1

    Industries that have failed or may fail that face the same problem as this post include Aviation (they gained some protection from Congress via the 1984 GARA act), Education (teachers have to make their plans dumbed down for all, cut field trips due to liability issues, etc), Medicine (the cost of medical care is high because of the liability costs for valid care that somebody may have got a different opinion on).

    The American Tort Reform Association has a good short writeup on the Impacts on the Economy due to current Tort laws.

    It's only a matter of time until it comes to programming/computers.

  44. Re:This is why punitive restitution is the best wa by artor3 · · Score: 1

    So wealthy crooks can laugh off their sentences? It's hard enough to get a conviction against the rich with their teams of expensive lawyers, and you'd want to make it so that should they actually lose, it can all go away with some tiny check?

    Also, what do you mean, "deny them welfare"? Are you one of those ancient conservatives who still rails against "Welfare Queens"? That system was eliminated in 96. Or do you mean welfare in a more general sense, like food stamps and disability insurance? In that case, you're basically suggesting that if an unemployed or handicapped person commits a crime, they should be thrown out on the streets to starve to death. Even ignoring the sheer inhumanity of such a system, don't you think it might lead to more crimes being committed in desperation?

    I'm all for using finding ways to reduce the non-violent prison population, but not ones that disproportionately punish the poor.

  45. Re:This is why punitive restitution is the best wa by 140Mandak262Jamuna · · Score: 1
    First of all, no lawyer is going to accept 33% of minimum wage as the contingency fee. So any such punishment would be fought tooth and nail by the ambulance chasers to prevent a precedence. So the counsel to the plaintiff would not seek it.

    The victim does not care for the justness of punishment meted out to the perps. They want compensation, only when compensation is impossible they will settle for revenge. So the plaintiff does not seek it either.

    The defendant would rather walk away free and let some one else bear the loss. So they will actively collude with the plaintiff in finding grounds for shifting the liability to someone else with deep pockets. So the defendant does not seek it either.

    Our legal system is not designed with a Solomon-mode that deliver justice over the objections and obstructions of both the plaintiff and the defendant.

    --
    sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
  46. sue te programmer by Anonymous Coward · · Score: 0

    If i was a robot, i would sue my programmer...

  47. That's a good thing. by Animats · · Score: 1

    That's as it should be. If you're doing something dangerous, you need to take responsibility for it.

    When I ran a DARPA Grand Challenge team, we took out a really good commercial liability policy. We had hardware stall timers, an electromagnet in the accelerator system that had to be energized to get out of idle, a separate battery and relay system which slammed on the brakes if the stall timer tripped, a backup anti-collision radar system, and a separate emergency stop radio link which had to send a signal once a second to keep the thing going. Unlike some teams, we never hit anything. (There was one team which had their vehicle run away when they filled their disk with log files and their application crashed. Not good.)

  48. This is Nonsense by stoicio · · Score: 1

    Sorry, nobody sues Ford or G.M. if some fool tampers with the engine or brakes on your car.

    Home owners are currently *not* covered by fire insurance if they leave 'appliances'
    on while away from home. This demonstrates that the onus is on the home owner to
    make sure their 'vacuum cleaner' and computer are stowed properly.

    This is just another example of how people think regular laws, that already
    apply to the use of machines in the commission of crime, somehow don't apply
    because the new 'excavator', with a video
    camera bolted on, now has four hydraulic booms instead of one.

    Throw out your 'Terminator' DVDs, it's just a lawn mower with an expert system running.

    10 points for imagination though.

  49. should that not be by Kunax · · Score: 1

    In america society, instead in "in our society"

  50. Deepest pockets first... by Lord+Kano · · Score: 1

    The company that I work for, which I shall not name, is a Fortune 500 company. There is a lot of money there. Because of this, everything they do, and I do mean everything, is vetted by one of the legal teams to minimize liability.

    When I was going through one of the training classes, it was pretty much explained that way. If we have something delivered, and the company that we hire to do the delivery causes some damage to the client's site, we're the better target for a lawsuit because we have more money than Delivery Service X. So, we have rules and regulations regarding who can do deliveries for us. It's to show that we've taken due care in assuring that the people we hire are safe.

    You can't necessarily prevent getting sued, but you can take steps to minimize your chance of losing and you can take steps to minimize your liability in case you do lose.

    LK

    --
    "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
  51. It's about time by plopez · · Score: 1

    Until software companies and programmers get sued software will not significantly improve. That is why I say there is no such thing as software engineering. Engineers get sued, programmers don't. They won't be true engineers until they have to carry malpractice insurance.

    --
    putting the 'B' in LGBTQ+
  52. OP Doesn't Understand The Law by automandc · · Score: 4, Insightful

    As an attorney, reading this question invokes the same reactions that many of the /. crowd would have if I started trying to opine on the technical failings that would allow our mythical vandals to reprogram the hypothetical robot.

    Not to get too technical, but just because you sue the company doesn't mean you win. The liability insurance that even the smallest companies carry would cover the legal costs of having such a suit dismissed. (For the technically inclined, look up comparative negligence and the proverbial "intervening bad actor").

    The homeowner (the ones suing) would probably be found more responsible for not following basic security etc.

    As others have pointed out, software companies have long been given practically a free ride in harm caused by poorly written software. First, they have been allowed to disclaim the standard warranties of fitness and function. This is akin to buying a car that the manufacturer won't promise to actually work or be safe. If Ford told you that they wouldn't guarantee that pressing the brake pedal actually engaged the brakes, would you drive that car? Yet every piece of commercial software we use specifically says that there is no promise that it will work at all, or do what the purchaser wants.

    Here is a counter hypothetical (more realistic as it has actually happened). A relative dies in a plane crash. The FAA investigation conclusively shows that the accident was caused by a bug in one of the key computer systems. Should you sue: the airline? The manufacturer (boeing/airbus)? The subcontractor that wrote the software?

    The answer is, you sue the airline, and the system is set up so that anything you win from them, they can then sue to recover from the party up the chain. Thus, everyone's liability is ultimately apportioned according to their degree of fault (note, yes it is a gross simplification). This is why people writing software for critical systems (ones where a failure can cause property damage or injury) need a good lawyer to write their contracts/licenses. They law has allowed programmers to avoid their responsibilties for a long time, so if a sw company doesn't take advantage of that, it is their own fault.

    Consider, there is no educational or professional certification required to write and sell software that controls an infant incubator used in an NICU, but you need a government license to drive to the store. Programmers and engineers have been getting a sweet deal in liability for years, so it's awesome to hear them still complaining.

    --
    I'm a lawyer with excellent karma. Something's gotta be wrong.
    1. Re:OP Doesn't Understand The Law by eyenot · · Score: 1

      What this country needs is for patent attorneys, lawyers, and politicians to simply become acquainted with the realities of technology and stop being all "ooh wow" over it.

      --
      "Stratigraphically the origin of agriculture and thermonuclear destruction will appear essentially simultaneous" -- Lee
    2. Re:OP Doesn't Understand The Law by Anonymous Coward · · Score: 0

      I can't wait until programmers need licenses to practice. That will limit supply so that we get paid like lawyers used to and doctors still do.

    3. Re:OP Doesn't Understand The Law by zippy590 · · Score: 1

      I hate to disagree with an attorney, but I think the reason nobody sues for software bugs is because they don't cause a lot of damage. If your iPod fails to play a song because of a software bug the most your likely to get out of a suit is a new iPod. When there are damages that make it worth suing, possibly like a wrongful death caused by Toyoto's sudden acceleration problem, you will see law suits aimed at software bugs. Also, even thought programmers may get a sweet deal on liability issues, there is such a thing as a "Professional Engineer". (The exam is a real bitch.) I use to need to hire them to approve the drawings when I wanted to install a microwave dish on the to of a 12 story building. You rarely run across them in electronics, but, when I work for a small company that designed process control equipment the VP of engineering had his PE

    4. Re:OP Doesn't Understand The Law by MadKeithV · · Score: 1

      Consider, there is no educational or professional certification required to write and sell software that controls an infant incubator used in an NICU

      But you do need FDA approval to be allowed to sell the software, which is actually a pretty darned hard hoop to jump through, and it gets harder as it gets more critical to patient safety.

    5. Re:OP Doesn't Understand The Law by Anonymous Coward · · Score: 0

      Never apologize for disagreeing with a lawyer, it is what we get paid for! Most of us are usually wrong anyway.

      I am aware of Professional Engineering licenses (I once represented an engineer who was being jerked around by his local licensing board after emigrating to the U.S. from China). There was even a proposal at one time to require Software Engineers to be licensed in New Jersey, but AT&T/Bell (and various other powerful corp interests) managed to block that legislation. I don't have an opinion on that particular instance one way or the other, as I didn't read the proposed law.

      I realized that my first post only listed one of the two factors in the "free ride" that software has gotten from the law, and that is the incredibly 'liberal' (in the classic sense) interpretation of contract law that has allowed software licensing to push the bounds of reasonableness. That is one of the issues that is going to come up in the Sony PS3 litigation, as there is a dispute as to whether some of the defendants ever "agreed" to the PSN TOA (a legitimate dispute, not just people who clicked "I agree" arguing they didn't really know what they were agreeing to).

      All fascinating stuff if you are crazy in a particular way. If you haven't read it, Ivars Peterson's 1996 "Fatal Defect" is a pretty good read (even if it is not particularly well written). Many of the anecdotes in it are mentioned here on /. from time to time.

  53. Also known as Mr Rodriguez by BetterThanCaesar · · Score: 1

    Yeah, I've had some problems with my robot. He betrays me for money, he drinks, smokes and gambles. But still, he's my best friend. I don't think I'll be suing MomCorp.

    --
    "Stop failing the Turing test!" -- Dilbert
  54. wtfe, cowards by eyenot · · Score: 1

    Nothing's ever completely secure. You can "what if" all day and never, ever get one ounce closer to prevention. The hypothetical, war-driving "kids" will still wi-fi hack the hypothetical, bed-making/massage robot to suffocate grandpa in his sleep. There's no way around that. And unlike the telegraph and telephone networks, the international banking system and the internet, you have the opportunity to ask yourself: "is this an invention I even really NEED"? Because any and all of it can and, given all possibilities, WILL go wrong (one day). If you're concerned, genuinely concerned, that the national "robotic" labor pool could and will ever rise up and sick upheaval upon your uppity, sedentary, brainless and senseless, middle-to-upper class turd-maker, why don't you think twice about automating the task? I'm sure plenty of people, people very close to you, want to kick your fucking ass, already. Go make a real person out of yourself and make them do it.

    --
    "Stratigraphically the origin of agriculture and thermonuclear destruction will appear essentially simultaneous" -- Lee
  55. Re:This is why punitive restitution is the best wa by Anonymous Coward · · Score: 0

    Blood from a stone. I don't have $7000 to give anyone, hell I don't have $1000 and no felony convictions either. Depending where you live, like me there just might not be any jobs. Your system falls over in the real world. And honestly our courts haven't been about justice or fairness for a long long time. Its revenge people want, and revenge is what our courts dish out.

  56. Don't do windows... by Anonymous Coward · · Score: 0

    Duh

    Just don't run your home on windows.

  57. Therac 25 by Xugumad · · Score: 2

    Wait, is he claiming robots will suddenly make software have more real world consequences? If so, I'd like to introduce him to Therac-25... http://en.wikipedia.org/wiki/Therac-25

    Short, not too squeamish version: Software bug in rare cases allowed radiation overdoses. People died.

    1. Re:Therac 25 by curio_city · · Score: 1

      Wait, is he claiming robots will suddenly make software have more real world consequences? If so, I'd like to introduce him to Therac-25... http://en.wikipedia.org/wiki/Therac-25

      Is a distinction being made for how much human interaction is necessary for operation? In both cases the result of the software doing its job is a physical effect, not just a virtual one. (Sure, any kind of output that allows us to know what's going on in a computer is going to be physical, i.e. lighted button or picture on a screen, but let's discount that.) I would place Therac-25 and a dishwasher or other cleaning robot in the same class with that respect.

  58. Depends on what the wealthy are guilty of doing... by MikeRT · · Score: 1

    So wealthy crooks can laugh off their sentences?

    Bernie Madoff scammed $50B. Under a punitive restitution system, he and his conspirators would be looking at $350B in damages.

    Obviously, they could never pay that much off. That's part of the point. He and his family will be left utterly ruined for the rest of their lives for such a great financial harm.

  59. Nah it's Easy... by Anonymous Coward · · Score: 0

    You just program the bot to identify and terminate lawyers as part of a "pest control" system, then you can't be sued....

  60. This is Why... by Greyfox · · Score: 1

    My last electric shaver had a warning on it: "WARNING: No not insert this product into any orifice." I'm sure that robots in the future will come with entire books of lists of things not to do with them. Then if someone tries to sue the manufacturer, they can point to the list where the warning said not to do that and disclaim liability for the user failing to read the product documentation.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  61. Lawyers not needed, Theft by US Gov Rampant by Anonymous Coward · · Score: 0

    On return to the US during travel from a foreign country, no reason needed; the DHS/Customs Service/TSA are confiscating laptops/notepbooks/smatphones at epidemic levels thanks to Pres. Obama.

    Their thinking is get a quick confession. What kind of confession? Does not matter. In the process however, extortion is the Law of the US. Those whose electronic possession are confiscated are done so for cracking bank accounts, credit cards, anything that can be used to acquire money from those affected.

    Where does the money go?

    To pay for Obama's drug habit?

    To pay for Neopolitano's sex habit?

    To the US Treasury for debt reduction?

    To the Customs and TSA gate keepers to supplement their federal wages? Very likely with a little tribute to the higher-ups. America can't get much better than this .. its the American Dream in live-action.

    --308

  62. Re:This is why punitive restitution is the best wa by Anonymous Coward · · Score: 0

    You are too soft.

  63. Programmers != Engineers by Anonymous Coward · · Score: 0

    Simple programmers are usually better off in this case, since the EULA saves them from most suits.

    Engineers [that is, engineers with a real Engineering degree], are not safe, and can be sued.

    Managers, etc are liable too, but the simple lay programmer is just the middle man, implementing what they are told to implement from the Engineers and Managers.

  64. Need for change by Turbosatan · · Score: 0

    another reason to get rid of money. Zeitgeist movement FTW It is really the only way for our society to have any kind of future where we dont sue the deepest pockets just because they are there. Our society is sick and these kinds of warnings highlight just how wrong we are. The focus should be on how can we ensure how robots never cause any harm to anyone. Not who is going to be the most profitable person to sue.

  65. A bigger issues with robotics... by Paul+Fernhout · · Score: 1
    --
    A 21st century issue: the irony of technologies of abundance in the hands of those still thinking in terms of scarcity.
  66. Moron by Anonymous Coward · · Score: 0

    Then you'll pay $10k for a text processor.

  67. Re:It's God's fault. I'm just a poorly programed.. by Eightbitgnosis · · Score: 1

    I was thinking about circumventing liability, but I suppose we could sue the Catholic Church for the charges brought against God

  68. Why not ask Heinlein or Asimov..... by scurvyj · · Score: 0

    ....or any of those other terrible golden ghetto hacks their opinion. At least Heinlein is dead thank gawd.

  69. Who told you... by The+Hatchet · · Score: 1

    ... That programmers have deep pockets?

    --
    Where is the mod rating for "scary"? Also, ...
  70. No by LibRT · · Score: 1

    It's still an insurance company which responds in most cases, it's just the liability insurer of Toyota/the manufacturer (except certain very large companies who choose not to lease a balance sheet (ie transfer risk to a 3rd party insurer) such as BP - they self-insure, a consequence of which is that they do not accurately price risk internally).

    Often, a company like the imagined robot cleaner manufacturer will use many parts/systems designed by others, and it is standard practice to ensure such suppliers carry adequate insurance, as evidenced by a certificate of insurance. So let's say the robot contained a wireless subsystem made by someone else, and it was that subsystem which was the attack vector used by the hackers. The home owner would sue the robot manufacturer. The robot manufacturer's insurer would defend/settle the suit. The robot manufacturer's insurer would the pursue recovery from the subsystem manufacturer's insurer (this process is known as subrogation).

    In my experience, when something goes wrong, inevitably the manufacturer is drawn into it. Common arguments are that the user wasn't notified of the risk (ie no warning label, or warning label not big enough, or the right color, or didn't include every remotely foreseeable circumstance), or that proper safety/countermeasures were not taken. I've seen plenty of cases that I find incredibly bizarre but juries do not.

    Incidentally, the liability insurance typically pays defense costs, often in addition to any limit, and the protection from legal fees sometimes is more beneficial than the indemnity protection (ie it can cost a small fortune to extract oneself from even a suit with no merit).

    Quite possibly more than anyone on /. wanted to know about insurance...

  71. Outsourced Robots to replace lawyers by Anonymous Coward · · Score: 0

    Do programmers and engineers go to lawyer sites and post hypothetical scary doom and gloom stories about lawyers? Fucking ambulance chasers. What?

  72. This is a non issue by wesleyjconnor · · Score: 1

    People are liable for whatever they dont exempt themselves from in the 40 pages of legalese you are automatically bound by the moment you come within 4 metres of the item in question

  73. Bad Articles May Inspire Suits Against Programmers by dynamo · · Score: 1

    Does the author work for a law firm?

  74. Is MIcrosoft worried? by constantnormal · · Score: 1

    If there were anything to this at all, no EULA on Earth could protect Microsoft from liability lawsuits for damages done by virus writers ...

  75. I see a precedent by mjwx · · Score: 1

    Investigator: Lifting Unit 753473, please show me on this bender doll where the programmer touched you.

    --
    Calling someone a "hater" only means you can not rationally rebut their argument.
  76. This is why punitive restitution is the worst way. by mjwx · · Score: 1

    Instead of locking the punks up, make them pay the victim 7 times the value of the damaged property. Deny them welfare until they've paid it back

    First off, if you deny someone on welfare, welfare how are they going to pay off the debt and live? Unless you expressly tell out what they can and cant do, but wait, isn't that what prisons already do?

    Criminals who cause physical damage are rarely rich, if they were rich under this system they could walk all over poor people and just laugh off the costs. "Oh I'm so sorry I ran over your beloved German Shepard, here's $1200", then he hops into his BMW and gleefully runs over someone's lab.

    But back to poor crims, they are typically violent criminals because they haven't got the money or brains to do anything else. So what do you propose to do when Billy Joe the Redneck cannot pay off his criminal debt. Well we could always bring back debt prisons but then you're back to square one.

    Besides, if you start offering payouts to "victims of crime" backed by the government you'll have every crook and hustler coming out of the woodwork to make a claim.

    --
    Calling someone a "hater" only means you can not rationally rebut their argument.
  77. Re:This is why punitive restitution is the best wa by phantomfive · · Score: 1

    The problem with that plan is people who commit minor burglaries are so messed up in their lives that it won't matter. As likely as not they already have thousands of dollars of debt that they'll never repay, so an extra $7000 is just a meaningless number.

    I know one guy who's been in and out of jail 30 times or more over the years, and he has some random large number of debt. When he does get around to working, he always gets paid in cash, or he'll beg, or lift something from the store, or beg from his mom, or sell some drugs. If the judge told him he'd have to pay off some money instead of going to jail, he would come out laughing. At very worst he's delayed jail by that much longer.

    --
    "First they came for the slanderers and i said nothing."
  78. origin of the word robot by Janacek · · Score: 1

    Is it common knowledge among /. readers that the term robot comes from a book by a Czech author named Karel Capek (the C should have a little v shape above it making it sound like Chapek with the ch pronounced like in China) and comes from the Czech word robota which in that language means work?

  79. It's funny how after that first accident... by Mysticalfruit · · Score: 1

    They said these house robots were all 3 laws compliment, yet it seems every time a law firm tries to sue one of these robot companies most of the staff dies from "accidents".

    Take Mr. Jenkins. Not one day after he filed suit against "US Robotics" wouldn't you know they found him in bed with his skull caved in by a frying pan. Apparently in what the technicians are calling a "glitch" the robot confused his head for the dishwasher.

    --
    Yes Francis, the world has gone crazy.
  80. Re:This is why punitive restitution is the best wa by gl4ss · · Score: 1

    well, you'd have to provide them the means to earn 7000$, so you'd need to find someone willing to pay that minimum pay. if you deny them welfare after putting them in a debt-lock, then you're missing the whole point of welfare, which is to keep people from going all haiti-let's-fuck'-everything-up, which they will do(after few starve to death).

    if it was just that easy to get money from people who don't have money, shopkeepers would be using extra-easy-shatter glass.

    being responsible personally for code you've turned out wouldn't fit well with the companies, they'd need to give the credit for the lines to whoever did them and possibly ownership.

    --
    world was created 5 seconds before this post as it is.
  81. Re:This is why punitive restitution is the best wa by Anonymous Coward · · Score: 0

    And? You just end up with more bankrupt felons in jail, for longer. Plus, it's likely that this bankruptcy will cause real damage to other debtors (e.g. mortgage). No, this is just another "tough on crime, damn the consequences to society" proposal.

    The justice system has two main goals: reduce the total criminal damage to society, and reduce the costs of the justice system itself. There's an inherent tradeoff between the two, but we can still judge how well a proposal balances them. Your proposal hardly reduces the total criminal damage (repayment is already required today) yet it increases the doubles the costs of the locking up those criminals that commit more felonies.

  82. One acronym... by Anonymous Coward · · Score: 0

    EULA

  83. Robot Nannies won't do much damage by j2bryson · · Score: 1

    Not that anyone cares, but I'm already in print about this: http://www.ingentaconnect.com/content/jbp/is/2010/00000011/00000002/art00003 or get it here http://www.cs.bath.ac.uk/~jjb/web/ai.html I actually argued that this process will be an important part of keeping robotics companies from overselling their products, and in fact the issue will be underselling to escape liability, so there will need to be consumer information dissemination about it.

  84. Re:This is why punitive restitution is the best wa by Anonymous Coward · · Score: 0

    sounds great. How much value do you place on your family pets, photo albums, and heirlooms?

    How much do you think the court values them?

    captcha: litigate