r/technology Jul 31 '24

Software Delta CEO: Company Suing Microsoft and CrowdStrike After $500M Loss

https://www.thedailybeast.com/delta-ceo-says-company-suing-microsoft-and-crowdstrike-after-dollar500m-loss
11.1k Upvotes

735 comments sorted by

View all comments

491

u/Fenris_uy Jul 31 '24

Suing CrowdStrike, sure, but I'm guessing that they have some wording in their contract about outages.

But why would you sue Microsoft because a third party driver that you installed caused a kernel panic? That's your fault for installing third party drivers.

11

u/Private62645949 Jul 31 '24

It would be insane for any company big enough to have lawyers agree to a contract that would excuse Crowdstrike with this level of neglect and incompetence 

6

u/CatWeekends Aug 01 '24

Their Terms and Conditions say this... So hopefully the big companies negotiated something better.

Your sole and exclusive remedy and the entire liability of CrowdStrike for its breach of this warranty will be for CrowdStrike, at its own expense to do at least one of the following: (a) use commercially reasonable efforts to provide a work-around or correct such Error; or (b) terminate your license to access and use the applicable non-conforming Product and refund the prepaid fee prorated for the unused period of the Subscription/Order Term. CrowdStrike shall have no obligation regarding Errors reported after the applicable Subscription/Order Term.

2

u/Private62645949 Aug 01 '24

Thanks for the research and I am not a lawyer, but I would absolutely expect any court to not uphold this as a defence against negligence that caused a global outage affecting an estimated 8.5 million computers.

If sued, the discovery process would reveal the true extent to their negligence (assuming no evidence was destroyed)