IANAL but I believe you can't sue if there is a Trojan in the program because you did not buy the program -- you paid for a license to use it. Product liability in software does not exist, AFAIK. If it did, we would have heard of massive class action suits and huge damages awards. There must be 50,000 viruses/Trojans/worms for MS products by now, and every year the damage they do is in the billions of $. If MS had done the job correctly in the first place.....but they did not, so MS software is very vulnerable to infection. That looks like incomptence to me, and therefore liability, but the law says otherwise--so the software companies are safe from torts. Some would say that is the way is has to be, or the software industry would die. They have a point.
Re:Microsoft's EULAs limit liability
Posted by: Farang on December 08, 2002 01:44 AM#