§ 147.001.Definitions

Nine definitions, and two of them build the tiered protection the chapter applies to consumers.

"Computer product" is drawn as widely as the technology of the time allowed — a computer, network, program, software, system, microprocessor, embedded computer chip, semiconductor device, any component of those, or a product that includes any of them as a component.

The last limb is the important one. It reaches lifts, medical devices, vehicles, and industrial controls — anything with a chip in it — which was the whole concern about embedded systems.

"Computer service product" covers the product of the use of a computer, including data processing and storage, and information stored in the computer by personnel supporting it.

"Recent consumer product" has five conditions: mass-marketed; intended for personal, family, or household purposes or by small businesses; will manifest a computer date failure during normal use; last offered for sale after January 1, 1997; and for software, offered at $300 or less. Customized products are excluded.

That category matters because the affirmative defence treats it more favourably to the buyer — a seller relying on an offered cure must show it charged no more than delivery and installation.

"Small business" means a for-profit entity, independently owned and operated, with fewer than 100 employees or less than $1 million in annual gross receipts.

"Year 2000 Project Office website" names a Department of Information Resources site, with its address written into the statute — a piece of drafting that has aged conspicuously.