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On Thu, 18 October 2001, "Leif Svalgaard" wrote:

> From: Bale, Dan <Dan.Bale@handleman.com>
> > The question for me becomes one of accountability.  For the sake of this
> > argument, who takes responsibility if FAST400 trashes your system?  You
> > gonna take TigerTools to court?  They just market the product.  What's
> > their liability?
>
> I don't know Dan. Several months ago I tried to upgrade Windows
> and the upgrade completely trashed my system. Had to reinstall old
> version and lost all settings and stuff. Thre days wasted. Who do I sue?

IIRC, not too long ago, Pepsi had some kind of promotion where you would earn 
'pepsi-points' for purchases. For 7000000 pepsi-points or some ridiculous 
number, you were supposed to be able to get a Harrier jump jet. After borrowing 
up to $700K and putting it into the scheme, a consumer managed to achieve that 
level and sued to get the offerred redemption. Pepsi was eventually let off the 
hook by a judge who commented something like "No reasonable consumer would 
believe that Pepsi could provide a Harrier."

I suspect your suit would be dismissed as "No reasonable consumer could expect 
a Windows upgrade to work properly."

Tom Liotta

--
Tom Liotta
The PowerTech Group, Inc.
19426 68th Avenue South
Kent, WA 98032
Phone  253-872-7788
Fax  253-872-7904
http://www.400Security.com


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