Due to the sheer magnitude of problems caused by the “bugs,” FixPoint is incredibly vulnerable to legal liability against the University of Helsinki. Intel v. Hamidi holds electronic trespass of chattels occurs only when there has been “some actual or threatened interference with the computers’ functioning with the possession.” 30 Cal. 4th 1342, 1 Cal. Rptr. 3d 32, 71 P.3d 296 (2003). In Intel, Intel Corporation sued a former employee for sending mass email messages critical of Intel’s employment practices to current employees. The case went to the California Supreme Court, which ruled that Hamidi’s actions did not constitute trespass to chattels, as the emails, even if unwanted, did not physically interfere with Intel’s computer systems. Intel differs from FixPoint, however, as the bug in the WX11N software actually interfered with the University’s systems.
Further, The Restatement (Second) of Torts § 218 states that:
“Liability to Person in Possession One who commits a trespass to a chattel is subject to liability to the possessor of the chattel if, but only if, (a) he dispossesses the other of the chattel, or (b) the chattel is impaired as to its condition, quality, or value, or (c) the possessor is deprived of the use of the chattel for a substantial time, or (d) bodily harm is caused to the possessor, or harm is caused to some person or thing in which the possessor has a legally protected interest.”
It is clear that the system becoming backed up by hundreds of thousands of queries that would then cause the University’s system to repeatedly crash were due to a bug in the WX11N software. Thus, leaving FixPoint, specifically under § 218(b) and § 218(c), as the bug impaired the University’s system for its quality and for a substantial amount of time.
During a meeting with the engineers (along with yelling at them), I would ask (1) just how this happened multiple times without being caught and (2) can the software be patched quickly to possibly resolve the problem before a suit is brought and if not, what can we do to fix the issue.
Leave a Reply