Y2K Bug - Year 2000 Lawsuit
Litigation and Liability

Y2K Defense Information for the Software Industry

I have Written a Brief for the purpose of helping programmers and software companies prepare a defense against Y2K lawsuits. The legal industry is positioning itself to rip off the computer industry for as much as 1 trillion dollars over the millenium bug. And when I say rip-off, that's exactly what I mean. Without a good legal defense the computer software industry is vulnerable to slick legal arguments that would mislead a jury into awarding damages that are unjust. I feel the time has come for me to write this brief and start defining what the legal issues are with respect to Y2K liability so that this document can be used as a legal defense to Y2K millenium bug litigation. This document is intended to be used by programmers and software companies in court so that the judge and jury can more fully understand the complex technical issues involved when it comes to determining Y2K liability. If you get sued for a Year 2000 bug, you're going to want your lawyer to be familiar with the legal issues contained herein.

Lawyers want to rip off programmers for one trillion dollars. I wrote a brief containing the legal arguments we need to defend these lawsuits. Legal arguments written by a programmer for programmers.

As you read this there are teams of lawyers putting together legal strategies to get your money. There are people in the legal industry that think the year 2000 is going to be the biggest windfall for lawyers in the history of the planet. These people are holding seminars on how to sue you. How to make it look like you are responsible for not producing perfect and flawless software, when perfect software has never been nor will it ever be the standard expectation of the industry.

I'd like to see this legal brief get as much press coverage as possible.

The reality is that the early lawsuit establishes precedent and later lawsuits are often judged by the outcome of preceding suits. It is therefore necessary to bring these ideas into the argument early and establish an argument that is based on reality rather than an illusion created by lawyers. It is therefore necessary to get this in the hands of lawyers representing companies in early lawsuits. If you know of an action that's been filed, please help make the defense attorneys aware of this document.

Who should read the Brief?

The Defense Brief is written for everyone who is interested in Y2K litigation. Its primary focus is for lawyers who are defending software companies against Y2K lawsuits. It is written in common language so as to explain the complex legal issues in a way that people who are not legal experts can understand. This document is a tutorial on law and legal issues relating to Y2K in particular and software in general.

We programmers can not allow the legal industry to define the standards of liability. We must speak up and present a defense before the litigation starts.

It is also targeted at the press, especially the computer industry press. It is written so that those who report on Y2K litigation can have a better understanding of the underlying legal issues from the perspective of the computer industry. If you are a reporter and want to understand complex legal issues, but want something written in common language, this document is for you.

If you are a programmer or own a software company and want to understand what you are facing, this is written for you. I believe the client should be fully informed. These are issues you should show to your lawyer and discuss with him should you be unfortunate enough to be sued. Don't assume your lawyer knows what he's doing. We are in uncharted legal territory where you are more likely to create precedent than to rely on it.

About Marc Perkel

I, Marc Perkel am not a lawyer; I am a computer programmer. I wrote a number of DOS Utilities to control large networks including the Computer Tyme Network Survival Kit, MarxMenu, IniTyme, BatZap, NovSync, and WhoHas. In 1994 my ex-wife decided to cash me in. She filed for divorce and I spent $15,000 on lawyers and ended up with a judgement against me for more than 100% of everything I own. My lawyers did a piss poor job, and we're dealing with a court system that is corrupt beyond belief. For all practical purposes, lawyers have taken marriage away, and now they want to take software away. Lawyers are getting involved in every aspect of human activity. They are in a large part a cancer on society, and we need to draw the line.

As a result of a judgement bigger than I could pay, I decided to learn the law and do it myself. As a programmer I deal in logic that is far more advanced than what lawyers are used to and have been able to function effectively in a system that is complex and crooked, and heavily biased against me. I have been in every court that exists and have even appealed causes of action as high as the United States Supreme Court. I am still trapped in the legal system and I don't know if or when I'll ever get out.

Marc Perkel is a computer programmer who was forced to learn the law as a result of a nasty divorce. Having had his software company ruined from litigation, he is now using his new found legal skills to help the computer industry defend against unfair and unjust lawsuits.

However, in the process of being legally abused, I was forced to learn more about the law than I ever wanted to know. I became very good at it and they created a Frankenstein. Forcing a programmer to become a lawyer was a serious mistake on their part. In the mean time my software company went to hell. Now that I had to learn it, I might as well see how I could make use of it. With lawyers positioning themselves to rip off my industry to the tune of a trillion dollars, it seemed to me that writing this document and stopping them is a good way to even the score.

I'm not saying that I hate all lawyers and that lawyers don't have a legitimate place in society. They do, and some of my best friends are lawyers. However, some of the worst snakes on the planet are also lawyers, and because of them I have these legal skills. So, if you are a lawyer, and this document screws you out of a windfall, I want to give credit where credit is due. My legal skills would not be what they are today if not for the Law Firm of Wear and Sharp who represented my ex-wife in her divorce. I also want to mention the crooked and incompetent judges of Greene County Missouri and the Chief Disciplinary Counsel of the State of Missouri who lets lawyers get away with everything. And I would credit the Missouri Supreme Court who, in spite of my writs, continues to support the cover up efforts of the disciplinary counsel.

If lawyers are permitted to rip off the computer industry for one trillion dollars, it will be the biggets setback for civilized man since the beginning of recorded history.

And I want to thank programmers who created the Internet. If not for the legal research material I have access to on the web, none of this would be possible. If not for the Internet, I would be broke, homeless, in jail, or dead. Instead I have access to the legal resources to make it possible to fight back against the lawyers who would dominate every aspect of life itself.

Our liberties and freedoms don't come free. It is only maintained by the diligence of people like me who put myself on the line to protect what the framers of the constitution gave us 220 years ago. I would rather be writing software, but I'm so far behind that I can't afford to catch up, nor do I have the focus. Therefore, I'm trying to make a living out of what I've been forced to learn. And that's why I produced this document. But I'm really broke right now and if this helps you I'd really appreciate it if you could return the favor.

Important Links

  • Preparing for Y2K - Marc Perkel's Guide to preparing for Y2K.

  • My Web Sites

  • Other Web Sites

  • The Enemy

    Year 2000 Millennium resource Site Ring
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