Originally posted by Ugg
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The same goes with software. I'm no techno geek but I'm willing to take reasonable measures to ensure that my computer is safe. Shouldn't I have recourse against the company who made a faulty product when that product fails me?
It's sort of scary because M$ is beginning to embed its software in a lot of different devices and at this point it's not just M$ but any sofftware maker that I am concerned about. It's not just about whether someone can hack into my computer anymore it's about whether they can hack into my bank or my utilitiy company or the city's streetlight management program or ..... the list is endless. The user should be responsible for a certain amount of his own security but shouldn't the software maker also be held responsible?
That brings up an interesting point when it comes to open source software (e.g. Linux). Who's the responsible party then. It's more obvious if you bought your distro from Red Hat et al, but if you downloaded your copy and built it yourself, are you then responsible?
This is a really fine line. The problem is that software (esp. operating systems) are complex beasts, and to actually create something that is hack proof is virtually impossible. If everyone was allowed to sue software companies anytime someone broke into their software, that would suck and send the price of software into the stratasphere. The biggest problem is not culpability, it's abuse and lack of intelligence in the court system. Remember back in the good old days when sueing someone over a product meant that you had to show "gross" neligence vs todays standard which merely assigns percentage of blame? If there were an easier way, and if the courts would apply, to determine faults that are negligent vs those that one has less control over, then this would be more feasable.
Plus there is the added complexity of things like patches. If M$ puts out a service pack and you didn't install it, whose fault is it that you got hacked. What if the SP came out only an hour ago, is this enough time for blame to transfer from M$ to you? A day, a week? If someone hacks into your bank account, is the bank responsible? If someone robs your bank at gunpoint, is the bank responsible? As long as your money is insured, does it matter?
It's a complex issue that, unfortunately, will be bourne out in the courts. As more lawsuits arrise things like who's culpable in what situations will slowly start to flesh themselves out. It's coming, you can bet money on that. In todays litgeous environment you can bet it won't take long for these things to start popping up.