On Fri, 18 Jan 2002 15:54:49 +0100
Roger Oberholtzer <[EMAIL PROTECTED]> wrote:

> On Fri, 18 Jan 2002 08:31:07 -0500
> Ian <[EMAIL PROTECTED]> wrote:
> 
> | DOUGLAS HUNLEY wrote:
> | > 
> | >  -- 14 January 2002  Congress May Take New Look At Software Protection
> | >                      from Product Liability For Security Flaws
> | > 
> | > Rep. Rick Boucher (D-Va.) who co-chairs the Congressional Internet
> Caucus
> | > said . "The producers of software should be responsible for any flaws
> | > that the software contains," especially if the flaws lead to hacking."
> 
> MTCW
> 
> I would be concerned about how they defined responsible. As a programmer I
> guess I would need some form of malpractice insurance to protect against
> law suits. Can damages be for more than the cost of the product? If so,
> perhaps a free product could have to pay $$$ liabilities? Bye bye
> open source (or at least free to use) software. Something has to pay the
> malpractice insurance.
> 
> Who determines what a flaw is? Unless I provide EVERYTHING and
> the user can be proven to have done EXACTLY what I said, how can
> I be held responsible?
> 
> I guess the Indian programmers will really benefit. Once the programming
> is done elsewhere (out of the law's jurisdiction), just move the company
> there as well.
> 
> If you can't define it properly, how can you legislate it properly?
> 
> I can also see this leading to a whole set of government regulations as to
> how software is made so that liability can be determined. This could result
> in it being more difficult to sell software in the US from abroad? Like
> the FDA does for drugs.
> 
> -- 
> =====================================================================
> Roger Oberholtzer                         E-mail:        [EMAIL PROTECTED]
> OPQ Systems AB                               WWW:   http://www.opq.se
> Erik Dahlbergsgatan 41-43                  Phone:   Int + 46 8 314223 
> 115 32 Stockholm                          Mobile: Int + 46 733 621657
> Sweden                                       Fax:   Int + 46 8 302602
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Well, if liability forces us to have higher cost & we can not pass it on or 
all software is written inIndia, let us hope not, you will get what you pay for.
While some foreign developers are very good, many are not. Those that are not 
use their language as a hinderence in convering in US to avoid or frustrate
those who manage or use the software.

cheers
-- 
Rick Sivernell
Dallas, Texas  75287
972 306-2296
[EMAIL PROTECTED]
Caldera Open Linux eWorkStation 3.1
Registered Linux User

   .~.
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In Linux we trust!
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