On Tue, 19 Dec 2000 00:03:08 -0700 (MST), Steve Linux User wrote:
> On Mon, 18 Dec 2000, Samuel W. Heywood wrote:
>> Designers and manufacturers of products that can easily be proven to be
>> defective and capable of causing great damage and harm can be sued big
>> time and the lawyers can make a pile of money. Why aren't they suing the
>> designers, producers, and vendors of Windows email clients?
> Have you ever actually read the licensing agreement you "sign"
> by running that software? Basically, it says there's no warranty
> that the software will do what it's supposed to or what you expect
> it to do, and that you agree to hold the software company free from
> any liability should anything bad happen. Running this software
> constitutes agreement to this.
> [X] I agree to run this software at my own risk, and hereby
> affirm that I have no legal recourse for anything this
> software may or may not do.
> [ ] No, this is absurd. Abort the installation.
>> If they would just sue them,
> Try and sue, and you'll never even make it inside the lawyer's
> office. Simply by running the software, you've already admitted
> you have no case. If you haven't run the software, you have no
> standing.
Lots of people have signed contracts and agreements in which by doing
so it might appear that they are waivering their right to sue. Some
lawyers will simply tell the client that the agreement isn't even worth
the paper it's written on, and they take the case anyway and they win
big time. It happens all the time. Haven't you ever heard of such cases?
In the case of installing software you just click on a box saying
"I agree". Doing this does not carry the same weight as your handwritten
signature on a document executed before a notary public. Furthermore,
how can the defendant prove that it was the plaintiff that clicked on the
box? Anyone who has access to the plaintiff's computer could have done it.
All the best,
Sam Heywood
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