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Comment by mountainb

8 days ago

Yes because that is how regulations really work and what the purpose is. In practice all companies both tiny and massive do everything that they can to use the state to quash competition and to reduce the risks of litigation.

Software in general has been subject to light touches in part because most of the damage that software can really cause is economic and not personal injury. The lines blur when the companies release products that cause mental injuries to users that courts interpret as physical injuries; or if the software reasonably contributes to someone e.g. going crazy and killing another person.

No one would seriously think of holding Microsoft liable if a kidnapper uses Word to draft a ransom note. But if CoPilot tells you to microwave a baby and you do it, many judges will want to take a close look at the operation of that software service irrespective of voluminous contract disclaimers. The only way the Microsofts of the world can escape that type of liability is with comprehensive regulation.