Broadcast 2000 - An Open Source Tragedy

[JD Runyan]

On Fri, Nov ,  at 02:58:18PM -0600, Brian Densmore wrote:
> What cases are they talking about? Better look for an old mirror as soon
> as possible, or someone who has a copy. I wonder what could be done to
> prevent this type of lawsuit from winning? I read the MS license
> agreement. The liability they assume is no greater or less than any open
> source agreement? They pretty much say, 'if your computer blows up
> because of our software don't come crying to us'.
> 
<mild rant>
This is true, but MS has the legal and financial muscle to back that
agreement.  You need a good lawer to back up those assertions.  Product
liability is mostly based on tort law, thus it is somewhat created as it
happens.  It is difficult to apply the past to the realm of computers
because there is so little understanding of computers by the lay man.
When you buy a pair of scissors you buy them with the understanding that
they cut things, and thus could cut you, if they or you fail in some
manner.  People haven't accepted the same type of standard in computers,
because they cannot draw a parrellel, because they have a mental block
to all things tech.  It requires a good lawyer to draw the parrellel in
such a way that a jury can understand.  This is further complicated by
the fact that when a product is being used to do something illegal, the
companies that have had thier property damaged or stolen are sueing the
product manufacturer rather than the user who broke the law.  This is
much like the people who have sued and won against gun manufacturers
after someone killed thier loved one with a gun made by the
manufacturer.  The gun manufacturer did not make the gun for murder, but
yes it was made to kill.  These are lines that our judicial system are
blurring, and they are creating an system where only the big will win.
It is up to us to change the law.  That is what America is about.
</mild rant>
-- 
JD Runyan
		"You can't milk a point."
			David M. Kuehn, Ph.D.