IP: Cal. A.B. 1710: limitation of liability for Y2K errors (fwd)

[Dave Farber <farber () cis upenn edu>]

]
From:        Terry Carroll, carroll () tjc com
Reply-To:    cni-copyright () cni org
To:          Multiple recipients of list, cni-copyright () cni org




This news isn't copyright-related, but I thought it still might be of
interset to the list.


On January 28, California Assemblyman Firestone introduced A.B. 1710.
This bill, if enacted, would limit recovery in actions for damages
resulting from a "computer date failure," i.e., the incorrect processing
of the turn-of-the-century 1999-to-2000 date.  Damages are limited to
those resulting from bodily injury and the reasonable costs of
correcting the bug itself.


The bill seems to apply to contracts as well as to torts, and there's no
provision specifically limiting it to contracts entered into after the
date of enactment.


I've added the bill to my Copyright Resource Page (formerly my Copyright
FAQ Page, and the new name is again increasingly becoming a misnomer) at
<http://www.aimnet.com/~carroll/copyright/faq-home.html>.  I have both a
text copy and a PDF version (for those of you who like the official
printings).


Here's the most pertinent part of the bill.  For the rest (definitions,
clarifications, etc.), please see the above-referenced URL.


       (a) Notwithstanding any other provision of law, in any
    action to recover damages resulting directly or indirectly from
    a computer date failure, including any action based on an alleged
    failure properly to detect, disclose, prevent, report on, or
    remediate a computer date failure, the damages that may be
    recovered shall be limited to either or both of the following,
    according to proof:


       (1) Any damages resulting from bodily injury, excluding emotional
    injury, to the plaintiff proximately caused by the defendant's
    conduct.


       (2) Any costs reasonably incurred to reprogram or replace and
    internally test the relevant computer system, computer program or
    software, or internal hardware timer, to the extent those costs are
    incurred as a proximate and direct result of the defendant's conduct.





--
Terry Carroll         |
Santa Clara, CA       |
carroll () tjc com       |
Modell delendus est   |




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Michael Dodson, General Counsel
Joint Legislative Management Committee
The Florida Legislature URL: http://www.leg.state.fl.us/
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