Can we focus on Y2K please?greenspun.com : LUSENET : TimeBomb 2000 (Y2000) : One Thread
I come here looking for info on preparations, opinions on specific issues re: Y2K, etc.
While there is certainly much else in the universe to read/write about, I understand that the purpose of this forum is rather singular.
Clinton, Furbies, assorted rumors, etc. are a waste of time and do not belong on this forum.
-- Steve Hartsman (firstname.lastname@example.org), December 19, 1998
Amen, Steve!! This forum has gone to seed the last few weeks. It was exceptional compared to the others; now I just hit on the ones whose opinions or topics are worth reading.
-- Sylvia (in Miss'ippi) (email@example.com), December 19, 1998.
Steve and Sylvia, I agree that things have gotten a little off topic with the impeachment and Iraq thing going on; however, scroll down to the archives and you will find the following in the archives:
Alternative energy 54 threads Food 168 threads Health/Medicine 55 threads Survivalist issues 117 threads
If you need something that isn't here just ask a question and somebody will answer it.
-- MVI (firstname.lastname@example.org), December 19, 1998.
Shouldn't software companies provide free Y2K-fix upgrades?
Seems only right, practical, and expected that they should. After all, if they sold Y2K-defective software, it is their mistake and responsibility to fix. They should be bending over backwards to rush free fixes to customers, with profuse apologies, and maybe two years of free phone technical support lumped in for goodwill and good measure.
The lawyers are already vulturing on this issue. Some excerpts:
Technology NewsSettlement In Y2K Class-Action Suit
(12/17/98, 4:11 p.m. ET), By Mo Krochmal, TechWeb
Medical Manager, a Tampa, Fla.-based software vendor, Wednesday settled a year 2000 class-action Federal lawsuit involving users of its Medical Manager software. The settlement is only the second in over 20 class action lawsuits that have been filed over year 2000-compliance issues.
In this case involving Medical Manager, users of the medical-management application, typically physicians, said the software was sold with an implied warranty against such problems as Y2K compliance, and that the company failed to fix the problem at no charge. A portion of the suit was based on software that was written in 1990 and in 1993. The company's Y2K-compliant software was released in 1997.
Many of the more than 20 current class-action suits involve Y2K complaints against software companies, including several against large vendors such as Intuit and Symantec. Most allege that non-Y2K compliance is a breach of warranty and demand free fixes for software and damages.
A plaintiff's lawyer in this suit said he expects this may cause software vendors to change the way they do business.
"You will see more and more software companies not attempting to profit from Y2K by using it as a marketing tool to sell upgrades," said Jonathan Shub, an attorney with the firm Sheller, Ludwig & Badey, who represented complainants.
In the settlement, which is subject to approval by the Federal court for the district of New Jersey, the company will provide free patches or upgrades to users of the product who participated in the class-action suit. The terms include $2 million in cash, before payment of legal fees. ....
Kang said that Y2K compliance is not a software-industry ploy to drive upgrades.
"That's giving the industry too much credit for intelligence," he said. "[Y2K] crept up on everybody. This is not about trying to perpetuate yourself."
...lawsuits of this type are only the beginning.
"The lawsuits you are seeing now are those that make sense before the year 2000," he said. "They are minor cases, debatable. When things break on Jan. 1, 2000, you will see a completely different scenario. It's going to be great, the legal equivalent of a train wreck. These are just warm-up acts."
http://webserv.v nunet.com/www_user/plsql/pkg_vnu_template.comp_news?p_to_date=23-DEC-9 8&p_cat_id=59&p_story_id=72003
Andersen Sues Over Bug Claim
Consultant launches legal action against one of its customers who wanted free upgrade.
Andersen Consulting has started a legal action against a customer to head off a year 2000 bug claim... The consultant launched action in America against retailer J Baker, which asked for a free millennium upgrade to a merchandising system supplied by Andersen.
Andersen claimed that the retailer knew the systems relied on the two-digit date system. It believed legal action would clear its name and halt further requests for free upgrades by setting a legal precedent.
The case awaits a final ruling by US judges. Lawyers expect many similar cases in 1999 and 2000.
Andersen's decision came after software suppliers launched a US campaign to exempt themselves from responsibility should systems not work or cause harm as a result of the date change. Pierre Andre Dubois, a solicitor at Norton Rose and year 2000 expert, said Andersen's court action was a warning shot to other customers pursuing legal claims.
However, he said users could seek protection from suppliers by using their existing contract with a supplier and prosecuting for breach of contract should systems fail.
Rex Perry, partner with law firm Eversheds, predicted more cases during the next two years because users are currently preoccupied with finding fixes. 'We will see people scrapping to get systems free or cheaper, and litigation to cover the cost of the fix,' said Perry. 'If you installed something designed to last 15 years, you may have a breach of contract. But if you bought a desktop suite, these things are only expected to have a shelf life of just a few years,' he added.
MILLENNIUM THE COURT CASE
- Breach of contract can occur if its proven that:
- Users took reasonable steps to ensure an absence of year 2000 problems
- The system wasn't fit for the particular purpose defined in the contract
- The system was not of a satisfactory quality
- The system failed to perform in accordance with defined levels of functionality - for example, if it had a specified period of down time, but because of millennium bug failure the down time exceeded this.
xxxxxxx xxxxxxx xxx
-- Leska (email@example.com), December 19, 1998.
One stop shopping for prepardness information.....
-- S.Rathers (firstname.lastname@example.org), December 19, 1998.
Steve, although I certainly agree that this forum often seems to get "bent" towards things other than Y2K, sometimes issues that people explore are indirectly related. For instance, if we end up having Clinton's "trial" go its full course in the Senate, then that will certainly captivate the media, with the result that Y2K news is going to get short changed. Which in itself offers much to discuss, since on the one hand we have people who want everyone to become fully aware, yet on the other hand we have people who are hoping that John Q. Public won't quite get it yet, so as to allow those who are preparing on the personal level to gain a few weeks before the panic hits. Etc., etc.
-- Jack (email@example.com), December 20, 1998.