Security Research (Was: Scarfo "keylogger", PGP )

[pasward at big.uwaterloo.ca]

David Jablon writes:
 > 
 > Not until vendors are held legally accountable for negligent design.
 > 
 > Maybe someday, somehow, there will be a class action law suit.
 > (I saw a recent infosec conference flyer that had some silly quote
 > about the annual cost of viruses or something being in the
 > $100,000,000,000 range.  :-)

This is probably a silly question, but why isn't such a class action
lawsuit launched?  

The stock answer I always here is the EULA.  However, it is my
understanding that if a manufacturer (say a car company) tried to
disclaim or limit liability in the manner in which the software
industry does, any court would throw out the disclaimer and impose its
own standard.

Can you imagine buying a Ford Explorer with the statement like: 

    "not liable for any damages ....  Under no circumstances will our
    liability exceed the original cost of the product."

?

Now, can the lawyers please correct my ignorance.

Paul





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