RE: A89: Re: Re: Assorted '92 stuff

To: <assembly-89@lists.ticalc.org>
Subject: RE: A89: Re: Re: Assorted '92 stuff
From: "Scott Noveck" <noveck@pluto.njcc.com>
Date: Mon, 13 Sep 1999 18:33:25 -0400
Reply-To: assembly-89@lists.ticalc.org

>Perhaps the reason TI does this is because there is the possibility that an
>ASM program can delete the operating system from the Flash memory, with no
>way to restore it. However, they should just make the warranty void if the
>ASM program CAUSED the problem. They would determine that by restoring the
>memory in the factory and if that fixed it, then charge you a fee, but if
>the calculator was still broken, then assume it was a problem covered in
the
>warranty and do it free of charge.

You're failing to look at it from the point of view of the lawyers and
marketters who wrote the warantee.  TI programmed the calculator as best
they could so that an ASM program couldn't damage it - does that mean that
they should put in a "what-if" clause?  We now know how to do just that.
Can TI differentiate between the calculator being damaged by a malicious ASM
program or a safe one?

TI guarantees that their work is fine.  They guarantee that there is no
defect in workmanship in their creation, and that if there is a bug or a
flaw they claim responsibility and will repair the calculator.  An ASM
program written by a third party - us - provides them with no such authority
that it is safe, and they cannot make any guarantees on products that are
not theirs.  In the unlikely event that an outside ASM program DOES damage
the calc, they obviously should not have to replace or repair it.  The ONLY
way they can assure that they're not liable is to kill the warrantee if ANY
ASM programs are run.

>There's a good chance that TI really does do this, and even if they knew
>that a user ran ASM programs but the calculator broke anyway due to a real
>problem, they would fix it for free, but they should say so. And I wonder
if
>there's a way they can know for sure if you've ever used the Exec command,
>even if you've since deleted the program or RESETed ALL.

. . . like I said above, any exceptions may cause them to be liable for
damages caused by someone else.  They ARE a fair and reasonable company and
will happily try to repair the calc anyway, yet they must be sure that the
warrantee won't leave them liable.  Better safe than sorry. . .

FYI, even if a warantee such as this is agreed to they may still be sued and
lose.  All ski mountains make any skiiers sign a waiver stating that they
understand the risks of skiing and that they consent to not holding the
company responsible in the event of an accident.  Ironically, many are still
sued by injured skiiers and lose, despite the fact that the skiiers promised
to do otherwise.  The warantee is necessary for any company to avoid
responsibility for damages, but if the problem is their fault - and many
times, even if it ISN'T but someone has good lawyers - they will be
responsable anyway.  It's nothing that HP doesn't do on their calcs, anyway
=)

    -Scott