[LINK] Rampaging bugbear
Mon, 07 Oct 2002 07:45:59 +1000
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?
>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'.
Melbourne, Victoria, Australia
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