• v9CYKjLeia10dZpz88iU@programming.dev
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    2 months ago

    I don’t think the ToS is very useful without legal analysis.

    As an example, let’s imagine CrowdStrike had lots and lots of documentation to show that they knew a failure would cause deaths for certain customers. Now, if someone at CrowdStrike intentionally pushed updates with the criminal intent to cause death, I think it likely someone at CrowdStrike would be criminally convicted for this decision if proven in court.

    Though, it does look like this is understood in the comment.

    But it’s also general ToS-speak, and may only be noteworthy now, after the fact.

    edit: To be clear, this example is absolutely not what happened, it’s just an example to try to demonstrate the ToS isn’t helpful by itself. It really probably should be reviewed by lawyers. Like is there any responsibility for CrowdStrike to terminate their contract if they knew their customers were in violation? Did CrowdStrike have normal testing and development practices? Does responsibility fall on those who deployed it? etc.