ecause businesses rely heavily on
computer technology, it should be evident that the year 2000 problem stands to cause
significant legal troubles as well as technical ones. The first year 2000 cases have
already hit the courts. In the California case of Atlaz Int'l Ltd. v. Software Business
Technologies Inc., users are suing an accounting software company for selling
non-Y2K-compliant software and requiring payment of upgrade fees to obtain a compliant
version. In the Michigan case of Produce Palace Intl. v. TEC-America Corp. and All
American Cash Register Inc., a retailer suffered heavy losses after its new cash
register system refused to accept credit cards with expiration dates after the year 2000,
and the retailer is looking to the cash register manufacturer for reparations. More cases
are certain to come. In view of the risks involved, business managers should be seeking
ways to protect themselves and their customers from year 2000 issues.
A full text document with
legal references, "What Every Lawyer Needs to Know about the Year 2000 Problem"
can be obtained by contacting Craig Fieschko at
DeWitt, Ross, & Stevens.
Are your systems vulnerable?
Most companies should be survey all software, hardware, and
online data services for potential Y2K problems. The vendor/supplier of each product
and/or service should be asked to provide a written reply as to whether the
product/service is year 2000 compliant. A response that a vendor has some form of
"year 2000 certification" from a company or trade organization should not be
interpreted as meaning that the software and hardware in question meets year 2000 needs
unless a detailed review of the certification process leads to this conclusion. Apart from
addressing vendors of software, hardware, and data, it may also be appropriate to request
compliance information from other parties involved with the design, manufacture,
selection, and installation of software and hardware. As an example, if a consultant chose
or installed software and hardware to your specifications and requirements, the consultant
may be in the best position to determine whether the software and hardware are in
compliance.
ecause businesses rely heavily on
computer technology, it should be evident that the year 2000 problem stands to cause
significant legal troubles as well as technical ones. The first year 2000 cases have
already hit the courts. In the California case of Atlaz Int'l Ltd. v. Software Business
Technologies Inc., users are suing an accounting software company for selling
non-Y2K-compliant software and requiring payment of upgrade fees to obtain a compliant
version. In the Michigan case of Produce Palace Intl. v. TEC-America Corp. and All
American Cash Register Inc., a retailer suffered heavy losses after its new cash
register system refused to accept credit cards with expiration dates after the year 2000,
and the retailer is looking to the cash register manufacturer for reparations. More cases
are certain to come. In view of the risks involved, business managers should be seeking
ways to protect themselves and their customers from year 2000 issues. 