Re: VA "drop dead" law

At 5:00 AM 4/22/94 -0400, STUART CASE, ESQ. wrote:
>... He points out that in many cases, the cost of collection through
>the legal system from nonpayors would more than wipe out the entire
>profit of the job. Clearly it is not a fair outcome for the non-wrongdoer
>to lose his profit and his income, while the wrongdoer continues to use
>the innocent programmer's work without compensation while the legal
>process continues. "Time bombs" or disable systems at least address this
>problem, albeit imperfectly.

But, if someone goes to a local store and buys ANYTHING on credit (a steak from Mom and Pop's market or a sweater from Macy's or drafting pens from the stationery store), the cost of of collection far exceeds the profit... yet that IS the way it is handled. Once again, why should software be any different? Besides, since ALL custom software is sold via contract, why not just include a clause in the contract to have them pay for collection including legal fees -- that would clearly change the cost of collection to zero.

> As for the situation where life or safety depends on the software, it
>would seem the safest course would be to ban installation and use of such
>software until it is paid for in full.

As I've noted from personal experience, just because a piece of software has been paid for does NOT mean that the "time bomb" has actually been defused.

> And paid for or not, I would think a wise programmer would want to
>include disclaimers of warranties of safety as regards third parties, and
>to disclaim responsibility arising from the misconduct of others using
>this software. Such misconduct would include unauthorized transfer of
>the software by the purchaser, or use of it by anyone in applications for
>which it was not intended, and failure of the user to pay for the software
>and so to cause programmer self-help systems to be deactivated.

Of course, every manufacturer wants to disclaim everything... However, when you put a time bomb into a product, I should think that you are in a much more tenuous position to disclaim any result of that time bomb going off.

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