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this post was submitted on 26 Nov 2024
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BMW should be liable for its drivers not using their turn signals.
Gun companies should be liable for people being shot with their guns
The relationship is different though, BMW is not a service provider.
A better analogy would be the phone company. Is it their job to monitor their customers conversation and determine the legality of what is being said?
BMW provides the service of being able to buy and use their product. The service of a gun manufacturer is providing you with a murder weapon (yes, it also can be used for sports). The service of a grocery store is providing you with a place to buy your groceries (and in the US also guns). Why is it different? Whether the product is a connection to the internet or a car, both companies provide a service for money.
No that's the NSA's job
I am sure BMW's TOS has a sentence in there somewhere that they are your daddy once you sign up and this is binding forever. Looks like that means they are a service provider for life.
Also.. isn't a subscription for heated seats means they provide a live service that we need to pay regularly to maintain?
All very true, BMW is a very scummy company lately.
My argument was that primarily, BMW is a manufacturer of a product. It would be a better analogy to a modem company being sued for the content that was transmitted through their device.
Side note, I think the feature unlock trend in cars is the worst possible thing.
I could see the Supreme Court rejecting this based on that idea... If you blame the manufacturer, that's going to open up all manner of gun lawsuits, ammunition lawsuits, etc.