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Comment by ezyang

Suppose you have a system, but for legal liability reasons you cannot have this system be open to users (say it's a medical system, and having untrained people fuck around with it messes with certification.) However, you make it reasonably easy for users to override any interlocks (i.e. put in no protection).

A user finds out about the override, hacks their device, misprograms it, and dies.

Is the company that manufactured this device legally liable for this death? If they knew that it was easy to override the safety interlocks, are they then liable? How about if there was demonstrable evidence that the knew about the specific override? What if they, in an informal capacity, spread information about how to do the override?

Here is a parallel situation: same company makes a device, and has locked it down so hard that it's not possible to actually get anything done with it. Nurses and other trained practitioners know that "the usual way of business" is to override some of the safeguards, because, of course, that's the only one anyone ever gets any work done. However, the company disclaims all legal liability in the case that someone does such a modification. Are they allowed to disclaim that?

It's complicated.

parent ezyang 14 years ago

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