Software Bugs Leave Microsoft Legally Vulnerable

by , 10:30 AM EDT, July 1st, 2002

Mark Rasch, a computer and internet policy lawyer, sees legal trouble looming on the horizon for software companies who distribute software with known flaws. When you think of major software companies who routinely do just that, no name comes up faster than Microsoft. He explains his deduction in a Reuters article via USATODAY.com.

"They've got such a huge market penetration. They're a huge, deep pocket. Their software has a lot of vulnerabilities and defects in it and people tend to use a whole suite of their software," Rasch said.

"It is the homogeneity of the environment that means that a particular vulnerability in one piece of software can expose a company to a lot of damages," he said. "So Microsoft is target No. 1 for this potential litigation."

Microsoft counters this assertion by claiming that they are only being singled out because of their immense popularity and that their software is even less buggy than others. They also try to shed responsibility by pointing out the interconnectivity of modern systems and the fact that they don't create every piece of software that will interact with their software. According to Microsoft Chief Technical Officer Craig Mundie:

"Society has benefited from high-volume, low-cost software and a rapidly evolving ecosystem" where disparate computer systems, software and hardware link up, Mundie said. "Microsoft can't control that process. If the printer driver tanks the system, who do you hold liable?"

Rasch isn't the only person concerned with the continuing trend of buggy software. Microsoft clients are speaking out in increasing numbers. Many cite costs of continuous bug fixes and also confusion over how they cannot be held accountable for releasing a product that they know to be defective.

"It's a confusing point to me that Microsoft can release a product which has fundamental flaws and they're in no way held accountable for that," said Tim Wright, chief technology officer and chief information officer of Terra Lycos.

The article finishes with the interesting question of why software isn't held to the same standards as other consumer products such as tires or aircraft.

The Mac Observer Spin:

Microsoft is the biggest software company in the world and therefore the most visible, but it's important to remember that they aren't the only ones making chronically buggy software. Despite that, it's likely that they will be the first ones to head to court. Given the speed of the law and the well known experience that Microsoft has in large court cases, it's no surprise that the lawyer in the story doesn't forecast a quick solution. Let's not even think about how difficult it would be to keep a group of ordinary jurors awake while explaining code.

The most obvious legal hurdle that was not mentioned in the story is the infamous license agreement. Theoretically, these legal documents shield the company against any flaws in their software, known or unknown. It would be extremely interesting to see the outcome if one was actually challenged in court. Unfortunately the monopoly that Microsoft enjoys means most feel they have have no choice but to accept the contracts whether they are agreeable or not. This is where most Microsoft customers are wrong. They can choose to make a statement by no longer purchasing their goods.

USATODAY.com