[net.micro] Software: Tool vs. Expression

kurt@fluke.UUCP (Kurt Guntheroth) (12/24/85)

One of the things people object to in the new software law is the
legitimization of the notion that software is an expression of an idea,
line a book, and not a utilitarian tool, like a hammer.  I want to know
why people don't like this.  Well obviously people are steamed because
this allows software companies to disclaim liability, but isn't this
reasonable?  We all know it is impossible to debug software fully.  It
seems horribly dangerous to have to warrant such an item against
consequential damages.  Furthermore, software has much of the properties
of a book.  Its production and distribution is similar in many ways.  It 
is protected by copyright.  Its development is thought intensive. 
Software can easily be viewed as an expression.

What we object to in licensing agreements is the restrictive terms.  In
a legal sense, licensees must accept any terms demanded by the licensor.
The shrink wrap license just extends contract law to a mass market
situation.  The market must simply demand that license terms not be
arbitrary or unduely restrictive.  This is beginning to happen; look at 
the advertisements saying "Not Copy Protected".

We must either recognize software as a new category of goods and find some
middle ground of warranty, accept software as expression of ideas and live
with license agreements, or find a way to insure software companies against
the immense possible lawsuits resulting from the view of software as a tool.
I see the second choice as simplest and sufficiently reasonable.