Obligations Arising From Particular TransactionsYear 2000 Information Disclosures

Section § 3269

Explanation

This law section explains definitions related to the "Year 2000 Problem." It describes this problem as any technical issues that might occur in computer systems when the year changes from 1999 to 2000, due to things like using two digits for the year in dates. It also defines terms like "information" as any data or plans addressing Year 2000 issues, "disclosure" as sharing this information freely, and "person" as any individual or entity, including businesses and government bodies.

For purposes of this title, the following definitions apply:
(a)CA Civil Law Code § 3269(a) “Year 2000 Problem” means any expected or actual computing, physical, enterprise, or distribution system complications that may occur in any computer system, computer program, software application, embedded systems, embedded chip calculations, or other computing application as a result of the year change from 1999 to 2000. These complications are often associated with the common programming practice of using a two-digit field to represent a year, resulting in erroneous date calculations, an ambiguous interpretation of the term “00,” the failure to recognize the year 2000 as a leap year, the use of algorithms that use the year “99” or “00” as a flag for another function, or the use of applications, software, or hardware that are date sensitive.
(b)CA Civil Law Code § 3269(b) “Information” means any assessment, projection, estimate, planning document, objective, timetable, test plan, test date, or test result related to the implementation or verification of Year 2000 Problem processing capabilities of a computer system, computer program, software application, embedded systems, embedded chip calculations, or other computing application and intended to solve a Year 2000 Problem.
(c)CA Civil Law Code § 3269(c) “Disclosure” and “discloses” mean any dissemination or provision of information without any expectation or right to remuneration or fee therefor.
(d)CA Civil Law Code § 3269(d) “Person” means any individual, corporation, partnership, business entity, joint venture, association, the State of California or any of its subdivisions, or any other organization, or any combination thereof.
Year 2000 Problem computer systems two-digit year ...

Section § 3270

Explanation

This law section provides protection from being sued for damages to anyone who shares information about the Year 2000 Problem (Y2K) or its possible solutions, as long as they don't claim those solutions work for everyone. However, this protection doesn't cover people or companies that are selling these solutions for profit.

(a)CA Civil Law Code § 3270(a) Notwithstanding any other law, any person that discloses information regarding the Year 2000 Problem or any potential solutions to the problem, including, but not limited to, those persons described in subdivision (b), shall not be liable for damages in any tort action brought against that person regarding the Year 2000 Problem for any injury caused by, arising out of, or relating to, the use of the information disclosed, except as provided in Section 3271.
(b)CA Civil Law Code § 3270(b) This section shall apply to any person that, when making the disclosures described in subdivision (a), specifically disclaims the universal applicability of the potential solutions disclosed, and expresses a unique experience with any Year 2000 information.
(c)CA Civil Law Code § 3270(c) This section does not apply to prospective solutions sold or exchanged for profit or provided for profit by a person or entity holding itself out as a provider of Year 2000 solutions.
Year 2000 Problem Y2K disclosing information ...

Section § 3271

Explanation

This section explains that Section 3270 does not apply if someone can prove that a statement about the Year 2000 Problem meets these conditions: it was important, false or misleading, and either intentionally misleading, repeated without proper attribution, or made carelessly without checking its truth. Claimants can still use other legal remedies, like court orders, even if Section 3270 isn't applicable.

(a)CA Civil Law Code § 3271(a) Section 3270 shall not apply if the claimant in an action described in that section establishes that the Year 2000 Problem information disclosure was all of the following:
(1)CA Civil Law Code § 3271(a)(1) Material.
(2)CA Civil Law Code § 3271(a)(2) False, inaccurate, or misleading.
(3)CA Civil Law Code § 3271(a)(3) Either (A) made with the knowledge that the statement was false, inaccurate, or misleading, (B) if the information disclosed was a republication of or otherwise a repetition of information from another person, made without a disclosure that the information was based on information supplied by another person or made with the knowledge that the statement was false, inaccurate, or misleading, or (C) made with gross negligence in the determination of the truth or accuracy of the disclosure or in the determination of whether the disclosure was misleading.
(b)CA Civil Law Code § 3271(b) Nothing in this title shall be deemed to affect any other remedy available at law, including, but not limited to, temporary or permanent injunctive relief, against a public or private entity or individual with respect to Year 2000 Problem information disclosures.
Year 2000 Problem information disclosure false statements ...