The mutual disdain between Microsoft Corp. and Linux, an open-source computer operating system, is unrivaled.
But new rules for software contracts put out by The American Law Institute have united the enemies as part of a growing protest of tech companies and their lawyers. The most controversial of the guidelines is that software vendors must guarantee buyers that there are no hidden flaws in the software.
Industry lawyers say the rules will create undue product liability for companies and developers because of the inherently flawed nature of software.
“It creates an unrealistic standard and a lot of litigation,” said Mark Radcliffe, a DLA Piper lawyer who’s worked to oppose the new rules. “Any project that has Microsoft and Linux on the same side, you know there’s something wrong.”
The debate divides consumer protection advocates, who say software companies should be liable for the quality of their products, from the industry, which calls the principles unnecessary and potentially crippling.
Microsoft and Linux joined together to write letter to protest the new standard (find it here).
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The Legal Techie 