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This patient is dead. They would not have been if the computer system was up. It was down because of CrowdStrike. CrowdStrike had a duty of care to ensure they
by salawat 2y ago
This patient is dead. They would not have been if the computer system was up. It was down because of CrowdStrike. CrowdStrike had a duty of care to ensure they didn't fuck over their client's systems.
I'm not even beyond two degrees of seperation here. I don't think a court'll have trouble navigating it.
- singleshot_ 2y agoI suppose it will come as a surprise to you that you have misleading intuitions about the duty of care. Cloudstrike did not even have a duty of care to their customer, let alone their customer’s customer (speaking for my jurisdiction, of course).
- monkeywork 2y agoWhen I read something like this that has such a confident tone while being incredibly incorrect all I can do is shake my head and try to remember I was young once and thought I knew it all as well.
- xp84 2y agoIf that really were how it worked, I don’t think that software would really exist at all. Open Source would probably be the first to disappear too — who would contribute to, say, Linux, if you could go to jail for a pull request you made because it turns out they were using it in a life or death situation and your code had a bug in it. That checks all the same boxes that your scenario does: someone is dead, they wouldn’t be if you didn’t have a bug in your code. Now, a tort is less of a stretch than a crime, but thank goodness I’m not a lawyer so I don’t have to figure out what circumstances apply and how much liability the TOS and EULAs are able to wash away.