General > General Technical Chat
Elizabeth Holmes to seek mental disease/insanity
passedpawn:
Read that book Bad Blood. I zipped through it a few years ago when it came out, quite a page-turner. Holmes is quite guilty of fraud, and Sunny (her boyfriend) is equally culpable.
cgroen:
--- Quote from: Trader on September 09, 2021, 09:04:01 pm ---I'm just guessing, AFIK her product didn't work properly, BUT could be improved.
Following the same logic, Bill Gates and other Microsoft staff should be in Jail since Windows 95, that crap never worked well. (the same for other silicon valley companies, even in electronics field)
--- End quote ---
Really ? |O
magic:
This is legal, because unlike medical products, software is not supposed to work ;)
Read the long list of warranty disclaimers in any EULA you click through.
edit
From Windows 8 EULA I found somewhere on the net:
--- Quote ---Microsoft warrants that properly licensed software will perform substantially as described in any Microsoft materials that accompany the software.
[...]
If you have any basis for recovering damages from Microsoft, you can recover only direct damages up to the amount that you paid for the software. You may not recover any other damages, including consequential, lost profits, special, indirect, or incidental damages. The damage exclusions and limitations in this agreement apply even if repair, replacement or a refund for the software does not fully compensate you for any losses or if Microsoft knew or should have known about the possibility of the damages. Some states and countries do not allow the exclusion or limitation of incidental, consequential, or other damages, so those limitations or exclusions may not apply to you. If your local law allows you to recover other damages from Microsoft even though we do not, you cannot recover more than you paid for the software.
--- End quote ---
That's not exactly how things work in critical industries. If somebody dies because your product reboots due to a Windows crash, you will be on the hook for the death and Microsoft may or may not refund you the price you paid for Windows.
rsjsouza:
--- Quote from: magic on September 20, 2021, 08:24:37 am ---This is legal, because unlike medical products, software is not supposed to work ;)
Read the long list of warranty disclaimers in any EULA you click through.
edit
From Windows 8 EULA I found somewhere on the net:
--- Quote ---Microsoft warrants that properly licensed software will perform substantially as described in any Microsoft materials that accompany the software.
[...]
If you have any basis for recovering damages from Microsoft, you can recover only direct damages up to the amount that you paid for the software. You may not recover any other damages, including consequential, lost profits, special, indirect, or incidental damages. The damage exclusions and limitations in this agreement apply even if repair, replacement or a refund for the software does not fully compensate you for any losses or if Microsoft knew or should have known about the possibility of the damages. Some states and countries do not allow the exclusion or limitation of incidental, consequential, or other damages, so those limitations or exclusions may not apply to you. If your local law allows you to recover other damages from Microsoft even though we do not, you cannot recover more than you paid for the software.
--- End quote ---
That's not exactly how things work in critical industries. If somebody dies because your product reboots due to a Windows crash, you will be on the hook for the death and Microsoft may or may not refund you the price you paid for Windows.
--- End quote ---
Hey, this is more than the compensation in case a vaccine causes you harm. In some cases, even the pharmaceutical industry and the government will accept a leeway in their "golden standards" if the compensation is high enough and the right strings are pulled - these guys just didn't have enough clout to get their game together.
AlbertL:
--- Quote from: eti on September 09, 2021, 06:36:43 am ---
--- Quote from: coppice on September 15, 2020, 09:06:06 pm ---Since when was it up to the crook to decide how they are prosecuted?
--- End quote ---
I hear that, down under, the crook are prosecuted with medicine and a fortnight of bed rest. :P
Just came to say that I immensely appreciate you having used the word "crook" - I appreciate our great English language, there's too many dumbed-down versions of it these days. Love these words.
--- End quote ---
Better be careful on NextDoor - believe it or not, you can't use harsh words in reference to criminals! Their guidelines prohibit "... the use of derogatory language to refer to people who have a criminal history (e.g., "scum" or "animals")."
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