1. Liability for Computer Errors Not covered in textbook

2. Computer errors A range of possible consequences – Seconds lost – Data lost – $ - $$$ – Injuries and deaths Examples: – Disfranchised voters – False arrests – Price & billing errors – Air traffic control, airplane control

3. Intrinsic & Extrinsic software Intrinsic: – Software that is part of a completed product Extrinsic: – Loaded onto the computer or machine of the user, user directly encounters

4. The Therac-25 Case Radiation therapy machine Typical system malfunctions number 40x day

5. The Therac-25 case cont’d 20 month period, overdoses to 6 patients, directly killing 3. Previous models, 6 & 20 – Differences to the 25? Chronology of accidents – Please see http://computingcases.org/case_materials/therac /supporting_docs/therac_case_narr/therac_toc.ht ml http://computingcases.org/case_materials/therac /supporting_docs/therac_case_narr/therac_toc.ht ml

6. What was wrong with the Therac-25 programming? 2 modes – X-ray: high intensity beam deflected by tungsten target – Electron: removes tungsten & reduces beam intensity by factor of 100 Quickly changing* (data entry editing) between mode resulted in electron mode not dropping the beam intensity – * If the operator was able to edit and start < 8 seconds Use of a Race condition – 2 or more tasks sharing a variable, order that each is encountered can affect behavior of the program – The Therac-25 no longer had the hardware safety feature

7. Therac 25 Problems – No fail safe – No dose reporting – Complicated programming – Re-use of code Who had moral and/or legal responsibility? – Harm shown – Was there intent? – Was there negligence? Define negligence

8. Extrinsic Software Failures With these examples, companies or individuals are buying software for what it can do for them. – Disclaiming liability for problems through warranties

9. Software Warranties Limiting liability to: – A refund of the purchase price – Repair of the software product Accepting no liability for – Business losses arising out of the use of the product Enforceability of these disclaimers? – UCC & the Magnuson-Moss Warranty Act – Mix of case law

10. NCR’s Warehouse Manager Warehouse Manager was an inventory program. It was developed for a different operating system than it was deployed for. The “deadly embrace” NCR continued selling it, claiming 200 successful installs, but that was actually on other op sys. – When problems reported, told customers that was “unique” Extrinsic Business Software Failures

11. NCR cont’d Hopper bought the system. – Did not get honest disclosure from NCR. NCR sold it to him after product had been discontinued. – Errors about inventory and pricing resulted. $114 item listed for 54 cents; $17 item listed as on sale for $30. – Hopper was operating a successful co., but after adoption of WM income was half. Processes took to long & were inaccurate. Inventory inaccuracies

12. NCR conclusion Hopper tried to sue NCR for $4.2 million. However, the sales agreement signed by Hopper stated that in the event of problems, NCR was only responsible for the original cost of the software minus the depreciation of the equipment. The agreement also had an arbitration clause, so the court refused the case.

13. ProCD v. Zeidenberg ProCD selling mailing list generating software – 2 prices, 1 for personal 1 for business Zeidenberg bought it as personal and created a mailing list sales business using the product. ProCD sued saying this violated terms of the license Terms not found on box but on click thru agmt Ct found that Zeidenberg could be held to those terms of the click through agreement and was in violation of the software license.

14. Mortenson v. Timberline Software Precison Bid software Used it and created bid $1.95 million too low Licensing disclaimed business losses related to use of the software in excess of licensing fee Timberline was aware of bug, did not send fix to Mortenson. Ct. found the Timberline was not liable b/c licensing agmt. properly limited liability.