Bad Software: What To Do When Software Fails.

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Bad Software is Copyrighted by Cem Kaner and David L. Pels.
 

This book covers a wide range of problems and situations. Some of what we say will apply to you and some won't. We've tried to present the material in an order that lets you deal with your problem and quit reading. Our ordering won't be perfect for everyone, though, so here's a suggestion. Don't worry about reading everything in order. If you get to a section that doesn't seem useful, skip it. If you realize later that it will be useful, read it then.

The first chapters of this book are written to help you in your negotiations with the sales or support staff of the software publisher and the company that sold you the software. Most people will be able to resolve most disputes at this level.

Chapter 1: Read This First.

You can get a refund right away if you've just bought the software and already discovered that it is defective or doesn't live up to its claims.
 

Chapter 2: Introduction.

Don't let yourself be intimidated if you can't make the program work. Publishers make tradeoffs as a normal way of doing business. This includes deciding not to fix known bugs. Those tradeoffs make the product highly satisfactory for some customers, but unsuitable for others. You shouldn't have to accept the burden of the publisher's tradeoffs. Be reasonable about demanding satisfaction, but not shy.
 

Chapter 3: Preparing to Make the Call.

Before you call for technical support, you usually have to collect some information. Here are tips on what to dig up, that will help you or the technician solve the problem or that will help you ask for better support.
 

Chapter 4: Knowing What to Ask For.

When you complain to a publisher, you enter into a negotiation. If you didn't pay much for the program and it hasn't caused you much harm or loss, then the negotiation should be fairly easy. If the program is defective and its failure cost you a lot of time or money, you might want some compensation. This chapter will help you decide what is fair to ask of the publisher and how to explain your position to the publisher's staff.
 

Chapter 5: Making the Call.

Practical tips for making your call for support an effective one. This chapter starts with our twelve best tips for success, then provides additional discussion of specific types of call-related issues.
 

What if the publisher won't help you? Remember the old saying that the best way to accomplish your goals is to speak softly and carry a big stick. Chapters 1-5 were about the soft speaking. The next chapters supply you with sticks, starting with one that is quick, cheap, and easy to wield.

Chapter 6: Consumer Protection Agencies.

Many organizations in the USA will help consumers resolve disputes with businesses. Some of them can bring charges against companies that make a practice of consumer fraud. Most complaints to consumer protection agencies are resolved quickly, but not necessarily in the way that you want (or that is most fair to you). This chapter will help you decide whether to complain to a consumer protection agency, which one to complain to, and how to do it.
 

You can go bring legal pressure to bear on a publisher or retailer who won't work with you. We say "legal pressure" rather than "sue" because we think that you don't want to sue. Lawsuits are expensive, time-consuming, aggravating, and (for most people) not the least bit fun. But, lawsuits are how you ultimately enforce the law, if you have to. If you know your rights and you know your options and you have a good strategy, and if you're in the right, you can often convince the other side to back down without a lawsuit. Almost all legal disputes are settled out of court, but sometimes you have to file a lawsuit to bring the other side to the bargaining table.
 

Chapter 7: Software Quality and the Law.

This chapter explains your rights as a software consumer, under current American law. We discuss contracts (mainly warranties and implied warranties), remedies (what you can ask the court to give you), misrepresentation (such as fraud), and unfair and deceptive practices. We wrote and structured this chapter at three levels, for the reader who just wants a quick overview, for the reader who wants to understand the legal analysis but doesn't want to be bogged down in detail, and for the reader who wants that detail.
 

Chapter 8: Overview of a Lawsuit.

This chapter is a simple road map that briefly looks at the typical stages of a lawsuit.
 

Chapter 9: Lawyers.

Lawyers provide legal services. Our main goal in this chapter is to help you to be a better consumer of the legal services that you might need. Your main goal might be to figure out how to pay the minimum (preferably nothing) for legal services. We try to help you with that, too.
 

Chapter 10: Small Claims Court.

If you've decided to sue the publisher, your best option might be to sue in Small Claims Court. This chapter provides an overview but doesn't teach you how to bring this lawsuit. We point to other excellent books on Small Claims Court and supplement them with questions and suggestions that are specific to the problems of defective software.
 

Getting bad software and bad support are no fun. You might prefer to shop more effectively next time and avoid or reduce your problems.
 

Chapter 11: Safe Shopping.

You can shop more effectively. The law gives consumers the right to find out what warranties companies offer with their products. Independently of that law, there are easy ways to increase your warranty rights, to reduce your chances of being defrauded, to buy the right thing (or at least something that isn't obviously the wrong thing) in the first place, and to make it easier to get a refund if you need one. You can shop more safely in stores, by mail, and over the Internet.
 

We conclude with a look at a serious effort underway to change the law.
 

Appendix: A New Threat to Customers' Rights--Proposed Revisions to the Uniform Commercial Code.

As a customer (whether you are a big customer or a small customer), you have many rights under the Uniform Commercial Code (UCC). The UCC's Article 2 defines the American law of sales. A proposed new addition to the UCC called "Article 2B", is to govern all software-related contracts and many other kinds of contracts involving information. Scheduled to be introduced in state legislatures in 1999, we expect Article 2B to involve state-by-state battles through 2002 or 2003. Article 2B will seriously reduce your rights as a customer. We urge you to read about it and to write your governor to oppose it.
 

Our goal in this book was to help customers deal more effectively with software companies. If you're in the right, this book is your roadmap to relief. But you might not always be in the right, and we also try to help you understand some limits on what you can expect. This is a book about reasonable expectations, fair play, honest conduct, and how those are reflected in American business practice and American law.

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The articles at this web site are not legal advice. They do not establish a lawyer/client relationship between me and you. I took care to ensure that they were well researched at the time that I wrote them, but the law changes quickly. By the time you read this material, it may be out of date. Also, the laws of the different States are not the same. These discussions might not apply to your circumstances. Please do not take legal action on the basis of what you read here, without consulting your own attorney.

Questions or problems regarding this web site should be directed to Cem Kaner, kaner@kaner.com.

Last modified: Sunday October 26, 1997. Copyright © 1997, Cem Kaner. All rights reserved.