Conference hydra::amiga_v1

    I won't attempt to play lawyer (I *hate* laywers ;^) and I don't know
    about the public domain, but I suppose you could just do as the
    commercial folks do (extracted from an actual limited warranty):

         <your name here> makes no warranties, either expressed or
         implied, with respect to the software program recorded on the
         diskette or the instructions, their quality, performance,
         merchantability or fitness for any particular purpose. The
         program and instructions are sold "as is". The entire risk as
         to their quality and performance is with the buyer. In no
         event will <your name here> be liable for direct, indirect,
         incidental or consequential damages resulting from any defect
         in the program or instructions, even if <your name here>  has
         been advised of the possibility of such damages.

    Sheesh! And I had to open the box (thus voiding all possibilty of
    return) to find that out...

    Pete

    	The warranty quoted in .1 is indeed a good example of a notice
    which any programmer should include with - and within - the program.
    It is NOT proof against suit should you provide a truely disasterous
    product but it will cover you against most claims. If your code
    is advertised as doing something yet it fails to do that, instead
    doing something dramatically, harmfully, and obviously intentionally
    different then you are still liable. If the user can prove that
    you intentionally sold code that you knew would lock up any user's
    computer and make it totally unusable then you are in big trouble.
    But you knew that, right ?

    Recently I was asked to help with some software for controlling an
    Uninteruptable Power Supply in a hospital environment.  I declined
    due to the risk---if the UPS fails, and somebody dies, a local jury
    might decide it's my fault.
    
    In talking to the person who asked for my help I learned that there is
    a need in the industry for this kind of software, but nobody is willing
    to write it, for the same reason that I wasn't.  The company that she
    buys the UPS boxes from told her that if she wanted to write the
    program that was up to her, but they wouldn't have anything to do with
    it.
    
    I suggested that she write the program and then place it in the public
    domain.  The hospital could then acquire it without involving her, and
    get only the hardware from her.  That would, I felt, protect her from
    lawsuits.  The hospital didn't want to do that, since the hospital
    wanted the vendor (her) to be responsible for every aspect of the
    system.
    
    My conclusion is that placing software in the public domain does shield
    you from liability, at least to some extent, else the hospital would have 
    been willing to use public domain software.
    
    There is, or was, a rule that if a doctor happened upon an automobile
    accident and stopped to render assistance, he could not be sued for
    malpractice, under the theory that he was simply being a "good
    Samaritan".  I don't know of any rule of law that applies this
    reasoning to public domain software, but the situations are similar
    enough that you might have an argument.
        John Sauter

    Re .3:
    
    John's note points up a number of "real-world" considerations.  In this
    litigious environment, the concept of "caveat emptor" (let the buyer
    beware) has been replaced by "caveat vendor" (let the SELLER beware). 
    Any happy medium between these extremes seems to have evaporated.
    
    Software warrantees have become highly restrictive (I'm particulary
    unimpressed with Precision Software's version) and effectively use a
    lot of words to say, "you're on your own, sucker".  If/when a problem
    arises, the only recourse is to sue.  Plaintiffs' attorneys (and
    juries) then go after ANYONE who MIGHT have had any responsibility for
    the failure of the software to perform as the customer desires, even if
    the requirement wasn't an intended use of the software.

    It seems to me that libility is what insurence is for. I would guess
    that in a case like that with the UPS, One approach would be to have a
    single licence insurence policy written and the cost of that added
    directly to the cost of the sale. The hospital would get real protection
    and the vender would be protected. I would guess single case policies
    are hard to get written and that its just a case of money.

    -Tom-
    

    The previous replies indicate what may be seriously wrong with your
    country (and mine too to some extent).  So just wait for a Japanese
    companny to write the software and buy it from them.
    
    Off the soapbox and into my toys.
    
    Jean
    

    re: .5
    
    I did suggest liability insurance to her, with the cost passed through
    to the hospital.  I also suggested she talk to a lawyer, since the
    legal system may have a standard way of dealing with this kind of
    situation.  I don't know if she did either of these things.
    
    I doubt a Japanese company will build such a product either, for the
    same reason.  Think how much money a jury in Detroit would award a
    bereaved parent if they knew that a Japanese conglomerate would be
    paying.
        John Sauter

    AT one time, Digital would not supply equipment or software to control
    nuclear facilities for legal reasons.  There were other situations,
    also, but I don't remember what they were.
    
    I don't know if this is still the case.  If not, you might find out
    what arguments were used to overcome the reasoning.

    	I'm sure part of the logic involved the liability limitation
    in that special situation. If Seabrook incinerates everything from
    Boston to Bangor the liability limit would provide a pitance to
    every survivor/estate. If it only takes out the local beach then
    the fund would allow for several $10Ks per injured party. Without
    such a limit it would be impossible to insure the #@$% things. And
    you thought you were protected! ;-)