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The normal rule of thumb is a product is defective if it's not reasonably
suitable for its intended use. I'm not a day trader - but any program that
would wipe out large chunks of my database without asking me first sounds
pretty defective to me <g>. OTOH - since you know about the problem - it
probably wouldn't be a great lawsuit if you tried to claim a trading loss
(depending on what state you live in - I assume you live in the US - there'd
be issues of comparative negligence). On the third hand - I think you'd have
a much better case if all you were seeking was a refund for the price you paid
for the program.
BTW - I have no particular ax to grind when it comes to Omega. I just resent
spending a lot of money for any software that doesn't work properly (and most
software manufacturers don't seem to have any compunctions about bringing
products which are basically beta versions to market). Robyn
Allan L. Kaminsky wrote:
> Well written letter. Hope you get a rational response.
>
> Kind of makes you wonder about product liability. A product sold for the
> express purpose of trading is unable to protect the user from common
> occurrences (not unforeseen acts of nature). Is there product liability
> if the user then suffers losses as a result of the poor engineering of
> the product? In many other areas, the manufacturer would be at great
> risk (aircraft manufacturers, etc.).>>
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