I bet there's a phrase in there that reads something like this:"Limited Warranty. Publisher expressly disclaims anywarranty for the Software. The Software is provided "asis," without warranty of any kind, eiither express orimplied, including, without limitation, the implied warrantiesof merchantability, fitness for a particular purpose ornoninfringement..."Nearly all software licenses include language like this, and theeffect of them is to preclude the publisher from liability if itis proven that the software is harmful ... or even utterlyuseless. Basically, you have no legal recourse once you agree tosuch a license. What's worse, your license agreement alsoprobably contains language like this:"Limitation of Liability. NEITHER PUBLISHER, ITS PARENT,SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSSOR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE SOFTWARE,INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE,COMPUTER FAILURE OR MALFUNCTION OR ANY AND ALL OTHER COMMERCIALDAMAGES OR LOSSES..."So... even if you could prove that they intentionally released apile of dogshit that caused your computer to crash regularly andrandomly deleted a file every time it was run... you couldcollect no damages. They're not liable. It's your fault. You ranthe software.
Well, to be accurate, "racketeering" ...
As for "fraud," well, there's a place where reasonableminds differ. [...] there are avariety of reasons why a software company might be sued forbreach of warranty that have nothing to do with problems in thesoftware itself [...]
In the world you want, where software developers are heldaccountable for software that doesn't conform to the developer'sclaims, you'd see ads like this [...]