[LINK] Rampaging bugbear

[Jan Whitaker]

At 10:09 AM 6/10/02 +1000, Dassa wrote:
>Why not go after all consultants and advisors also.  I'm sure a number
>of link participants have been responsible for some of the
>infrastructure, both hardware and software, that is in use at some of
>the larger organisations around the country.

I don't think this is a fair assessment in this regard.  We consultants 
[SMEs mostly] are now more than not required to carry professional 
indemnity insurance to cover just this type of problem, particularly if it 
causes harm and action is taken against us.  I guess the question is really:

why are MS and other commercial products allowed to get away with licenses 
that let them off the hook from non-performance or damages caused as a 
result of using their products, when clients of consultants, especially big 
organisation clients like government, require contracts that say us little 
guys take the responsibility?

Maybe that is the change that should happen in corporate law, similar to 
what is under consideration of the AG right now with the copyright act, 
taking out the license language from online publishers that would nullify 
fair dealing.  Make contract law that says that buyer beware or liability 
nullification is not allowed or if included, is not enforceable.

Brendan and other legal eagles, would that help the situation at all?

Frank said:
>It all comes down to a matter of disclosure. When I buy a piece of 
>hardware, or a copy of an OS, or an application, the company concerned 
>goes to pains to remove themselves from any liability via their 
>'agreements' ... that are only available after I have opened the package. 
>And basically the 'agreements' are a simply disavowal of ANY 
>responsibility for product shortcomings.

I read the above in a later message.  Similar to what I was saying 
[above].  It reminded me that A Current Affair is having a story about 
consumer warranty and guarantee issues interviewing people at the Consumer 
Law Centre TONIGHT [Monday], one being Catriona Lowe who is a friend of 
mine.  The clip shows her saying something like "a car is supposed to 'go' 
". My expectation is that the product is at least supposed to do what it 
was purchased to 'do'.

Jan



JLWhitaker Associates
Melbourne, Victoria, Australia
jwhit@primenet.com  --  http://www.primenet.com/~jwhit/whitentr.htm


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