Microsoft has joined forces with an old adversary, the
Linux Foundation, to express concerns with the American Law
Institute over a draft Principles of the Law of Software
Contracts.
The American Law Institute has been working on legal principles
to guide courts in deciding disputes involving transactions in
software and to guide those drafting software contracts.
In an open letter, Horacio Gutlerrez, deputy general counsel at
Microsoft and Karen Copenhaver, counsel to the Linux Foundation,
raised concerns over the proposal by the America Law Institute
(ALI) stating that software should have a warranty against
"material hidden defects".
In a blog posting, Horacio Gutierrez said: "The ALI Principles
are meant to provide guidance to judges and others as they
interpret software licensing agreements. While the Principles
reflect a lot of hard work and thought by the ALI, Microsoft and
the Linux Foundation believe that certain provisions do not reflect
existing law and could disrupt the well-functioning software market
for businesses and consumers, as well as create uncertainty for
software developers."
Software companies generally offer a disclaimer which states
that they cannot be held responsible for how the software is used.
Some industry commentators have argued that this disclaimer has
allowed the software industry to continue to sell flawed product,
which is unlike other industries where warranties cover defects in
manufacturing or design.