[Dshield] Bizarre Activity Spurt...

Valdis.Kletnieks@vt.edu Valdis.Kletnieks at vt.edu
Sun Oct 16 18:53:26 GMT 2005


On Fri, 14 Oct 2005 20:39:37 PDT, Brian Dessent said:

> If you bought a new car from a dealer and it was low on oil, the air
> filter needed changing, and the windows (no pun intended) leaked water
> when it rained, you can bet the buyer would take it back and demand
> satisfaction.  Yet you buy a computer in the equivalent state of
> disarray, and nobody seems to care.

Hint:  That new car isn't sold "as is".  It comes with a warranty.  And most
computer *hardware* is sold with a warranty as well (and I've never had a
problem getting a hardware vendor to honor a warranty commitment).

Computer software is however *at best* sold "as is", complete with an explicit
waiver of the usual UCC implied warranties of "suitability for intended
function" (stereos must play music, brooms must be able to sweep floors,
toasters must be able to toast bread, and so on).  And if you're unlucky enough
to live in a UCITA state, or be buying from a vendor who gets the sales
contract to be interpreted under the laws of a UCITA state, you're not even
*buying* the software, you're paying for a "license to use" the software.

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