In discussing a lawsuit currently underway against Microsoft
over its flawed approach to security, a CNET article says:

"Historically, courts have upheld software makers' right to
subject customers to license agreements that waive the right
to sue over defects. One law professor recently said that
unless someone is killed or injured, it is basically
impossible to win a case against a software publisher."

I suspect, however, that there are thousands of people like
me, people who use *NIX but have had important emails bounced
because their mailboxes are jammed up to overflowing with the
Sven worm. So what prevents people like me, people who have
no license agreement with Microsoft, from suing Microsoft
over the security flaws that made the Sven exploit and others
like it possible?