[Sussex] Suing Microsoft

Geoff Teale Geoff.Teale at claybrook.co.uk
Wed May 7 13:51:03 UTC 2003


Steve wrote:
------------
> I take the point on the differences between bespoke and
> of the shelf.  I also don't think it will be difficult for
> any software company or person to prove that it is
> un-reasonable to expect software to be bug free.

Indeed. Though it remains to be seen if a court what accept the fact that
everything is broken as mitigation.  If all electrical goods were badly
earthed would that excuse a manufacter from responsibility for injuries
caused?  That is something for a judge or jury to consider.
<snip>
> I never though that the law would provide a good reason for
> companies following the Open Source model, but if you give
> your software away for free and just charge for support...

So long as you installed the patch on your customers machines...

<snip>
> Given the number of "customers" of Microsoft I think publishing
> on there Website is a good start.  

Yes, and as I said the justifications here are very vague and would have to
be decided in court.

>Banning other sites from 
> also reporting I would expect to fail under the "Free Press"
> amendment of US Constitution (as similar laws in Europe).  If
> M$ are actively stopping pug reports on other websites then 
> this should against the law if the reports are true.

Microsoft have taken legal action to force sites publishing known bugs on
their websites to cease and desist.  I don't know if I recall the fact, but
I believe they justified this as a copyright issue.

> As for my MR2: Toyota have my name and address on record.  If
> a problem does occur then can write to me and advise me.  I
> think the model is different.  

Yes, the real world model is different, but the law may not be defined as
such.

>Of course if we can provide that
> M$ is collecting data on who is using what software of theirs
> then we should force them to mass e-mail there own bug reports
> to all their users.  This would let everyone know the quality
> of the software they're using.

...which is why they don't want this information published all over the
web..

-- 
GJT
Free Software, Free Society. 
http://www.fsf.org   http://www.gnu.org

You have created a powerful solution for which there are no problems.
Everyone is impressed, but duly confused.


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