KineticCare Builds Winning App on the DragonBoard 410c

Running Window 10 IoT


I believe the EULA specifically forbids use in any situation where failure would result in injury?

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So, you’re not allowed to use it with any interesting hardware projects?

bah, connected healthcare comes up every few years. It’s nonesense.

Everyone’s still trying to topple the king.

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I think it really means “no healthcare devices”. Like, if someone’s Windows-based insulin pump goes on the fritz and they die, Microsoft wants to be able to point to that and say, “well, you agreed not to…”

Makes sense while its still kinda beta but I would expect this not to be a limitation forever or why would anyone ever use it for a commercial device. Does the “Pro” product have the same clause?

Keep in mind that any EULA is boilerplate, and could be customized or amended for particular customers. For example, if Microsoft was given the opportunity to review the hardware/software to ensure that all necessary precautions against catastrophic failure have been taken, they might be willing to waive that portion of the standard EULA.

IANAL, but if the parties are sufficiently motivated (whether by money or other incentives), pretty much any legal agreement is negotiable. :slight_smile:

Given the potential liabilities, they’d need a lot of motivation, is my guess. But, IAANAL (I Am Also Not A Lawyer).

I’ve worked in a highly regulated healthcare software environment, and it just kept getting worse, so I moved on. My boss at that job came from GE Healthcare after working for three years on a healthcare device project. After investing a billion dollars they cancelled it, citing “regulatory concerns”. Even the big boys like GE and Microsoft can’t get past the liability issue. Lots of great ideas never make it to market because they can’t afford the legal and regulatory overhead.

Yeah…regulatory issues aren’t ‘negotiable’ because in order to have negotiations, you need to be working with someone with a brain. Those seem to be in short supply in politics and regulatory bodies. Sad, as it’s probably a major drag on innovation in this area.

Not sure what the solution is, though. You definitely want manufacturers to be held responsible for negligence and other issues that cause harm, but you don’t want them to be able to be bankrupted by an honest mistake. How you draw that line is challenging at best.

I currently work in the healthcare informatics industry. I don’t work with medical devices, but when our software fails, it absolutely creates patient safety issues.

Trust me, when someone dies, “it was an honest mistake” doesn’t make anybody feel better, not even the person responsible for the mistake.

I don’t disagree with that at all, but should there not be a difference in liability between negligence and something that is unforeseeable or unpreventable? Not saying that standards in this area should not be higher than for your basic LOB app, but it really gets down to whether it is possible to foresee every possibility and prepare for it. You can probably get close, but the question becomes at what cost?

I think that this connected heathcare so called problem is easily solved with the fitness wearables. I for one don’t want a device automatically opening my door if I don’t have a heartbeat. Once the current tech savvy people get old, the solutions will appear naturally.