cc-06@ucbcory.BERKELEY.EDU (Ilya Goldberg) (10/06/85)
If you have read the long legal disclaimer (probably on the first page of your manual), you would be aware that Microsoft is NOT responsible for any damages resulting from you using their product. This is a standard notice that is put on all the computer hardware/software you buy. Ilya
nather@utastro.UUCP (Ed Nather) (10/07/85)
> If you have read the long legal disclaimer (probably on the first page of > your manual), you would be aware that Microsoft is NOT responsible for any > damages resulting from you using their product. This is a standard notice > that is put on all the computer hardware/software you buy. > > Ilya Correction: Microsoft CLAIMS it is not responsible. If I CLAIM I am the King of Prussia, do you believe me? -- Ed Nather Astronomy Dept, U of Texas @ Austin {allegra,ihnp4}!{noao,ut-sally}!utastro!nather nather@astro.UTEXAS.EDU
guzzi@uiucdcsb.CS.UIUC.EDU (10/07/85)
They may claim no responsiblility for accidental damages incurred
while using the software. HOWEVER, an undisclosed time bomb hidden within
the software would not be covered by such a disclaimer. If you legally
bought a program reputed to be a word-processor and the first thing it
does upon startup is deliberately reformat your harddisk, then the
those selling the software are guilty of fraud and responsible for
damages incurred.
--Mark Guzzi
University of Illinois at Urbana-Champaign
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guzzi%uicsrd.uiuc@csnet-relay.csnet
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ARPA: guzzi@uicsrd.csrd.uiuc.arpahenry@utzoo.UUCP (Henry Spencer) (10/08/85)
> If you have read the long legal disclaimer (probably on the first page of > your manual), you would be aware that Microsoft is NOT responsible for any > damages resulting from you using their product. This is a standard notice > that is put on all the computer hardware/software you buy. Unfortunately for Microsoft, it is not legally possible to disclaim some sorts of consequences. If you put up a solid fence and "danger--keep out" signs around your property, trespassers are on their own... *UNLESS* you set a trap for them, in which case you are liable no matter what! And if you forget the fence, the warning signs alone will *NOT* suffice. I would conjecture that the law would be applied the same way to software: it is not legitimate to maliciously set out to damage disks, regardless, and the offence is still worse if your code screws up and initiates disk damage when there was no deliberate and determined attempt at piracy. (Beware: I am not a lawyer. Consult an expert before doing anything rash.) -- Henry Spencer @ U of Toronto Zoology {allegra,ihnp4,linus,decvax}!utzoo!henry
rp321@uiucuxa.CSO.UIUC.EDU (10/09/85)
[ crunch, chomp, munch ] <flame on> In effect, Microsoft's attitude is that if its program trashes your valuable data, it's "So sorry, so sad, we've got your money, and you've been had." My advice is to BOYCOTT all companies which even *threaten* to put worms in your system when you put their program on your hard disk. (Remember Vault Corp.'s threat to market "Killer Prolok?") Russell J. Price ....ihnp4!uiucdcs!uiucuxa!rp321 rp321@uiucuxa.Uiuc.ARPA Disclaimer: Opinions expressed are not necessarily those of the University of Illinois, its administrators, faculty, other students, etc. Prolok is a trademark of Vault Corp., which apparently doesn't give a damn about end users. <flame off>
slerner@sesame.UUCP (Simcha-Yitzchak Lerner) (10/09/85)
> If you have read the long legal disclaimer (probably on the first page of > your manual), you would be aware that Microsoft is NOT responsible for any > damages resulting from you using their product. This is a standard notice > that is put on all the computer hardware/software you buy. > > Ilya The disclaimer may hold up for accidental damage, it definitly will NOT hold up in court if the program intentionally trashes the disk. (I went into this issue with my lawyer several years ago in much detail, so I know of what I speak) -- Opinions expressed are public domain, and do not belong to Lotus Development Corp. ---------------------------------------------------------------- Simcha-Yitzchak Lerner {genrad|ihnp4|ima}!wjh12!talcott!sesame!slerner {cbosgd|harvard}!talcott!sesame!slerner talcott!sesame!slerner@harvard.ARPA
peter@graffiti.UUCP (Peter da Silva) (10/09/85)
> If you have read the long legal disclaimer (probably on the first page of > your manual), you would be aware that Microsoft is NOT responsible for any > damages resulting from you using their product. This is a standard notice > that is put on all the computer hardware/software you buy. > > Ilya Because they say they're not responsible doesn't mean they're not responsible. There is such a thing as an implied warrant of merchantability. Disclaimers on cash register reciepts claiming you can "return for exchange only" have been struck down on these grounds. Why should Microsoft's legalese fare any better?
rb@ccivax.UUCP (rex ballard) (10/10/85)
> If you have read the long legal disclaimer (probably on the first page of > your manual), you would be aware that Microsoft is NOT responsible for any > damages resulting from you using their product. This is a standard notice > that is put on all the computer hardware/software you buy. > > Ilya Rumor has it that one of those "Arf Arf - Gotcha" programs was actually a popular program with "Killer Prolock" on it. The message was changed, and the program was already "munged". Interesting, if a cracker does it on a BBS, everyone wants his hide. If Microsoft does it on a LEGAL original, that's OK!! When Money talks, Nobody balks!
murlocker@water.UUCP (M. Urlocker) (10/11/85)
> > <flame on> > ... > <flame off> Ok, so everyone is mad at Microsoft for putting the "trashing hard disk" message... What about the rest of the message? While I'm against copy- protection in general because it's annoying and *doesn't prevent copying*, at least Microsoft's method allows you to put stuff on the hard disk and make backups. I think their attempt at a subtle reminder of the evil of software piracy is warrented. How many people who threatened legal action *don't* have pirated software? Do you really think a company worth as much as Microsoft would *really* put a worm in the code? I mean, I think they would have checked with *their* lawyers first... Microsoft's behaviour is fairly understandable. Especially since Gates was burned early by piracy of BASIC... mark