Re: VA "drop dead" law

At 12:12 PM 4/15/94 -0400, STUART CASE, ESQ. wrote:
> The problem with mechanics liens is that they have to be enforced
>by foreclosure, again requiring the programmer to resort to expensive
>and time-consuming court procedures. ... This hardly seems fair.

What? If a custom software client doesn't pay, then you have to go to court to get your money and damages... that sounds VERY fair to me, and I've been developing custom software independently since 1974, and have seen people put in time-bombs to their detriment.

> He claims my analogy to repossession was akin to putting a bomb in
>a rental (or leased) car, and then blowing it up if payments were not on
>time. This is a bit melodramatic, since it implies the possibility of
>killing or injuring not only the lessee, but innocent bystanders as well.
>I would suggest that a more fair anology would be to the installation of
>a radio- or timer-controlled ignition kill switch in such a car that
>would render it inoperable after being put into Park if the lease
>payments were not made. Off hand, I don't think that would be
>objectionable, either, especially if there were notice in the rental or
>lease agreement. After all, if the car is Parked, no one gets hurt; the
>non-payor just gets the inconvenience of walking, instead of enjoying
>the convenience of riding without paying.

You don't know where, how and when the software will be used. It could be used in a nuclear power plant, or a hospital; and it definitely could be on a critical path directly affecting whether someone lives or dies. I believe my analogy is right on target. What you are proposing is a long list of conditions under which it would be alright to use a software "explosive"... Even if you could describe all life critical applications (and I don't believe you could), there would still be the situation of a custom piece of software that happens to be used in a life critical way -- e.g. Excel with macros controlling the amount of radiation delivered during radiation therapy... should Microsoft ever have anticipated that their software would have been used in a life critical situation?

> Suppose the software license or sale agreement contained a warning
>that the software was either programmed to turn off after a certain time,
>or to allow its programmer/vendor to turn it off remotely, in the event
>of non-payment, but these "features" would be deactivated upon payment
>as agreed. Would this answer Glenn's objection?

As long as you'd be willing to be liable if it happened to be used by people (ie. users) who never see the agreements...

You're in the service business too, and you have clients who don't pay. How do you deal with that problem? Do you deliver notarized documents for major deals before receiving payment? Why not pass a law that says all legal documents become null and void if the lawyer wasn't paid. That's similar -- there wouldn't be any life critical situations, and it costs a lot to go to court to get those deadbeat clients to pay... :-)

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Glenn Tenney
tenney[_at_]netcom.com   Amateur radio: AA6ER
(415) 574-3420      Fax: (415) 574-0546