Re: Documentation Legal Issues???

Subject: Re: Documentation Legal Issues???
From: "Janet Swisher" <jmswisher -at- gmail -dot- com>
To: "Technical Writer" <tekwrytr -at- hotmail -dot- com>
Date: Mon, 29 Sep 2008 13:02:40 -0500

On Mon, Sep 29, 2008 at 8:40 AM, Technical Writer <tekwrytr -at- hotmail -dot- com> wrote:
>
> Other than implied warranty of fitness, and similar "generic good will" considerations, is anyone aware of specific legislation that mandates accuracy in documentation under penalty of law? For example, a mandate that would require a software product manual or other similar document to be "absolutely perfect"--meaning, if there was an error (not threatening to the life, limb, or well-being of the user), is there some law that would require a company to essentially recall and replace the entire manual?
>
> Despite having worked in the field as an independent contractor for a number of years, and taken various business classes at the local university on legal and regulatory issues, I have never heard of such. If anyone has, I would really appreciate it.
>
> The issue is not the software or product itself, but rather the documentation for that product. The way it was stated to me(by a technical writer for a software company), was that every manual, and presumably every piece of documentation generated, was a "legally binding contract," and as such, had zero tolerance for errors of any type.
>

A company I worked for put in their contracts that the software was
warranted to work "as documented". This did not lead to them requiring
that the documentation be perfect. Rather, it led to omitting things
from the documentation if there was any possibility that the software
might now work that way (e.g., last-minute features), while still
producing plausibly complete docs. I think they also took the view
that a discrepancy between the docs and the software would simply be
considered a software defect, to be remedied under the maintenance
section of the contract. The software in question was potentially
business-critical but not life-critical.

That clause of the contracts was never tested while I was there.



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