Since their third party vendor fucked up the boards so much, causing us to all leave and therefore threatening ad revenue, could they in theory sue the vendor?
Probably a dumb question, but something I wondered...
Post by speckledfrog on Jul 25, 2012 21:12:59 GMT -5
I don't think so, as it was TK/TN that asked for the terrible changes.
If it were just a delay (the vendor's fault) things may have played out differently. As it was, we knew the new site was going to be terrible, as they had already changed the local boards and saw a bit of an exodus there. but the straw that broke the camel's back was BumpKathleen chastising us for seeking temporary refuge on the pampers board.
I would think you couldn't sue someone for giving you a terrible product, and then you deciding to continue using said product, revenue loss or not. But maybe if TN was somehow bound by a contract to the middle school Intro to Programming class they obviously hired for a certain period of time, and during that time the product was so poor that they lost substantial revenue, they would have some grounds for a suit.
I've attended 0 days of law school, so take that with a giant grain of salt. Or maybe a salt lick.
If the vendors were smart at all they had the nest sign a releasing them from liability. Almost all developers require it before using their code. They can not guarantee your server can run the scripting, handle the server load etc.
Actually, yes they CAN sue. You can sue anybody for anything. And anyone can find a lousy lawyer out for a buck and to make a name for him/herself no matter the merit of the claim. There have been some doozies filed. Now, whether they'd win is a whole other story.
This is an interesting question. At present, the law does not recognize a tort for negligent software design so they would have to sue on the contract. Does the contract set forth a certain standard of care? Hard to say without reading it. In any event, it is likely the developer limited liability for consequential damages (our mass defection) and it will be nearly impossible for the Knot to prove we left because of the software and not Bump Kathleen and poor customer service generally. We probably will never know because it will be arbitrated. I'd say the software developer is likely not going to get paid under the duration of the contract but I'd bet that's it.
And I too volunteer as tribute. I even volunteer as defense counsel for that poor junior programmer who doesn't know his ass from a hole in the wall.