Re: Data (and OTHER) "Integrity" Issues at ADM

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Note: This message is from the outliners.com archive kindly provided by Dave Winer.

Outliners.com Message ID: 3187

Posted by stephenz
2005-05-05 14:03:03

> I agree with Steve C. and Steve Z. _but_ file integrity is a “non-compromise” issue; it is also pretty basic.

I agree with this in principle, but the real world doesn’t always work this way. As evidence, I’d present the disclaimer that accompanies virtually all these programs which indemnifies the developer from any liability for lost information. Here’s the clause in the Hyperclip license, for instance:

7. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL RISK Softworks OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF RISK Softworks HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL RISK Softworks’ LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.

This is pretty typical, and is certainly understandable. Who would make PIMs if they could be liable for lost information? So, you could have the formula for cold fusion in your database, and if it disappears because the program had a fatal flaw, you only get your money back for the purchase of the software. Of course, if you aren’t smart enough to have backed up this information, I don’t think it is likely you would have developed cold fusion in the first place.

Steve Z.

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