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What if the oil filter doesn't have a hole in it, but just has 10,000 miles on it so it doesn't work well anymore. Would selling that be ok? What about a filter

by fogof 6y ago

What if the oil filter doesn't have a hole in it, but just has 10,000 miles on it so it doesn't work well anymore. Would selling that be ok? What about a filter with 9,000 miles, or 5,000 miles, or 1,000 miles? Who decides what the cutoff is?

detaro 6y ago
> Who decides what the cutoff is? ultimately, a judge.
- owenmarshall 6y ago
  This is where technical people hit a wall with the law. Many legal systems, especially the American one, aren’t based on strict enumerable lists of what my lawyer friends would call “bright line tests”. This is probably a good thing, all in all.
  - mytailorisrich 6y ago
    That's because the world is too complex and nuanced for such strict cutoffs to be stipulated in law. Just the number of products on the market is huge and changes all the time. The law therefore specifies things in general terms and uses 'reasonableness', or "fitness for purpose", or what would be expected by an "average bystander" (in English law), etc. in the same way this piece of legislation does. This allows courts and juries to then make a judgement on the infinite number of particular cases that get before them.
  - danaliv 6y ago
    Indeed. And things don’t go to court if they’re obvious. The whole point of going to court is to resolve conflicts that don’t have obvious answers. (Or where the more powerful party is being stubbornly wrong, but that’s a separate issue.)
  - travisjungroth 6y ago
    I have had this discussion (argument) with so many software engineers and pilots who think they found a loophole. If someone in power thinks you broke the law, you don’t have to explain yourself to a law interpreter. It’s a human being on the other side of that table. And they can be just as clever and capricious as you. Most bodies of law also have a catch-all (I like to call it “fuck you”) clause to cover whatever shenanigans you try that they haven’t yet enumerated. 14 CFR 91.13 comes to mind. Also, check out my new cryptocurrency that skirts all SEC laws. http://orangegrovecoin.com http://orangegrovecoin.com

by fogof 6y ago

detaro 6y ago

> Who decides what the cutoff is? ultimately, a judge.

owenmarshall 6y ago
This is where technical people hit a wall with the law. Many legal systems, especially the American one, aren’t based on strict enumerable lists of what my lawyer friends would call “bright line tests”. This is probably a good thing, all in all.
- mytailorisrich 6y ago
  That's because the world is too complex and nuanced for such strict cutoffs to be stipulated in law. Just the number of products on the market is huge and changes all the time. The law therefore specifies things in general terms and uses 'reasonableness', or "fitness for purpose", or what would be expected by an "average bystander" (in English law), etc. in the same way this piece of legislation does. This allows courts and juries to then make a judgement on the infinite number of particular cases that get before them.
- danaliv 6y ago
  Indeed. And things don’t go to court if they’re obvious. The whole point of going to court is to resolve conflicts that don’t have obvious answers. (Or where the more powerful party is being stubbornly wrong, but that’s a separate issue.)
- travisjungroth 6y ago
  I have had this discussion (argument) with so many software engineers and pilots who think they found a loophole. If someone in power thinks you broke the law, you don’t have to explain yourself to a law interpreter. It’s a human being on the other side of that table. And they can be just as clever and capricious as you. Most bodies of law also have a catch-all (I like to call it “fuck you”) clause to cover whatever shenanigans you try that they haven’t yet enumerated. 14 CFR 91.13 comes to mind. Also, check out my new cryptocurrency that skirts all SEC laws. http://orangegrovecoin.com http://orangegrovecoin.com