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Is Microsoft exempt from consumer-protection law? 9 February 2006 Edition
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There was a time when, if you bought something and it turned out to be faulty or have a design flaw, the manufacturer would put it right at their own expense.

Indeed, most countries (including NZ) have a raft of laws designed to ensure that consumers are protected against faulty or unsafe products.

Surely therefore, if a company were to be found selling something that had some fairly major design faults that made it unsafe, there's no way that they'd be allowed to charge extra to fix those faults -- right?

I mean... if your brand new car turned out to have a dangerous fault in its braking system, you would not expect the manufacturer to charge you extra to advise you of the fault and provide some kind of remedy -- would you?

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Well it seems that if you're the world's largest software company owned by arguably the world's richest man then these rules just don't apply to you.

I refer of course, to Microsoft and its flawed software.

Okay, as someone who's designed and coded more than his fair share of software in the past 30 years, I'm the first to admit that it's impossible to create any non-trivial piece of software that doesn't have a bug or two in it. However, the situation Microsoft has just created is wholly different.

For decades, Bill's boys have been shipping fairly good software that (like all software) has more than a handful of bugs. Until the arrival of the internet however, these bugs were usually just an inconvenience and posed no real threat to users.

But, now that a huge percentage of PCs are "connected", the existence of vulnerabilities and design flaws becomes a whole different kettle of fish.

A bug that might have previously just required you to reboot your PC and restart your applications now has the potential to allow hackers into your system and could even offer then full access to all your sensitive data.

To their credit, Microsoft does offer a regular stream of fixes for vulnerabilities that fall into the "coding errors" basket -- but they seldom provide fixes for design errors (such as allowing any downloaded code to run almost unfettered on a Windows machine).

It must surely contravene our consumer protection laws therefore, that Microsoft is now treating the vulnerabilities it's delivering in its software as a profit centre.

Yes, a new service called "Windows OneCare" is about to be launched by Microsoft and its sole raison d'etre is to address the vulnerabilities and design flaws intrinsic to its own products.

Sure, if a major coding error is uncovered, MS will continue to provide a fix through its update service -- but if you're looking for protection from worms, viruses, key-loggers or trojans that prey on the design flaws intrinsic to Windows, then you'll have to pay an extra US$50 a year.

Now, given that the Commerce Commission has just slammed airlines and other companies for adding "fuel levies" as an extra charge to their products, the addition of this "security levy" must also attract some flak from our consumer watchdog?

It will be interesting to see whether Microsoft's exemption from consumer protection laws extends to New Zealand won't it?

Is the OneCare Live service an admission by Microsoft that it's software is not adequately designed and coded for life in an online environment?

If that's the case, why are customers expected to pay extra to get a reasonable degree of safety out of the product they're buying?

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