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They are still responsible...
...because they are responsible for maintaining the vehicles. I don't rent cars, so I don't know the details of the contracts, but I'm sure that if even they bother to justify it, they say that they're protecting themselves from problems caused by manufacturer's defects.

However, if they fail to inspect the tires after each rental or do any of the numerous safety checks that they should be performing, then they should be liable for any consequences. Note that just because it's in the contract, doesn't protect them from being sued. Contracts don't necessarily limit liability in cases of significant negligence (read: stupidity), regardless of the wording. And if you're not the driver of the car and you suffer loss or injury, it's definitely questionable as to whether you have recourse against the rental company. It might be argued that the responibility is transferred to the renter, but since you aren't a party to the contract, you aren't bound by it. Even if it's the driver's fault, there have been instances when the rental company has been sued. The owner of record is usually liable in most jurisdictions. Given the current pro-business attitudes of the government, that may change, but it's still a gamble on the part of the companies.

The same should really be true in the case of software (don't forget, you usually don't own the software, you only license it). But since software failure is rarely life-threatening, it generally wouldn't be held to the same standard. If enough people pushed for it, it might be. But people just accept it (if they even are aware of it) or move on to other options.
Posted by: mds_z   Posted on: 12/03/04 You are currently: a Guest | Members login | Terms of Use
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Ummm nice start but what have MS done for you lately  Squawkbox | 12/01/04
You Want That Number In Full Or Should I Use Exponential Notation?  itanalyst | 12/01/04
Give me the Readers Digest Condensed Version  Squawkbox | 12/01/04
Start small  Spoon Jabber | 12/02/04
Adam Smith said it best.  Immanuel Tranz-Mischen | 12/04/04
Microsoft releases Internet Explorer fix  Loverock Davidson | 12/01/04
Flaws? Sorry LD but it is only 1 of many  Squawkbox | 12/01/04
Yes, but one month to fix something like this, that is ridiculous.  DonnieBoy | 12/01/04
Not a problem  mojoman_x@... | 12/01/04
Again, I must protest the monthly patch cycle..  d_jedi | 12/01/04
So much for paying for Software Assurance  Squawkbox | 12/01/04
Have you been keeping track?  Immanuel Tranz-Mischen | 12/01/04
Yes, AV companies  Spoon Jabber | 12/02/04
So much concern: it is heart-breaking....  michael-t | 12/01/04
read the licence agreement.. buy my soft and drop dead  M_c | 12/01/04
Imagine any other company ,  dave95 | 12/01/04
Agree not to hold the lease company liable  GregSalts | 12/02/04
Car Rentals are not the manufacturer  zen_dogen | 12/02/04
They are still responsible...  mds_z | 12/03/04
so we rent our OS now  JasonL31 | 12/02/04
It's always been that way  rapson | 12/02/04
Warranty for new car still the same  GregSalts | 12/02/04
Ummm  rapson | 12/02/04
Good Point  zen_dogen | 12/02/04
EULAs should be challenged.  Immanuel Tranz-Mischen | 12/04/04
No sympathy for MSFT sheepies  Chad_z | 12/01/04
Calling Mr No Axe. Calling Mr No Axe. Proceed immediately to ZDnet ...  whisperycat | 12/01/04
9.0  itanalyst | 12/02/04
ROTFLMAO! Pretty much sums him up!  Xunil_Sierutuf | 12/02/04
True  Chad_z | 12/02/04
Yawn, doesn't affect me at all  NonZealot | 12/01/04
Yawn...who cares?  AmusedAtItAll | 12/02/04
Doesn't affect me either.  Immanuel Tranz-Mischen | 12/04/04
Switched to Firefox last month... Glad I did. . . (nt)  Plain Logic | 12/01/04
Never used a MS OS  middle of nowhere | 12/01/04
"Rushed out"  Expatriate US Geek | 12/02/04
At the Zdnet reporting agency, yes  FilledOut | 12/02/04
As much as I dislike M$ . . .  Roger Ramjet | 12/02/04
Gift Horse  zen_dogen | 12/02/04
But the problem is this.....  shawkins | 12/02/04
No_Ax = No_Show  itanalyst | 12/02/04
Wow, only a month to fix a critical flaw!  Xunil_Sierutuf | 12/02/04
itanalyst = no facts / no glory  GregSalts | 12/02/04
What Does TIVO Have To Do With Microsoft's Slowness In Patching?  itanalyst | 12/02/04
Security, if Linux is so secure why are there so many TIVO Hacks?  GregSalts | 12/02/04
What the mess ??  nomorems | 12/02/04
I had to reboot all my servers again  JasonL31 | 12/02/04
I agree  rapson | 12/02/04
Don't Have To Reboot For Majority Of Patches In Linux/Unix  itanalyst | 12/02/04
If that's the only problem you're having with your servers...  Immanuel Tranz-Mischen | 12/03/04
Boy...they REALLY fixed it this time...  IT_Guy_z | 12/02/04
Worked OK for me (NT)  rapson | 12/02/04

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