I can destroy a frame house with gasoline and a match does that not make the house defective?
If drunk runs into your car and it kills you does that make your car defective?
If someone dropped you off the empire state building and you landed on some people and it killed them does that not make you defective?
There is no proof that Microsoft's softare does harm. A product that by iteself does harm is the legal definition of defective. Being vulnerable to attack is not a definition of defective.
XP is vulnerable to attack. Just as the place you live is.
If I attack an XP computer it will fail. If I threw gasoline and match on you, you would burn. Would that make you defective too? By your definition you certainly are.
You *must* understand product liability laws. You're just being obtuse on purpose, trying to find some way to distract the subject.
It's a 'fraud' thing.
To quote: When you buy a product from a merchant, by state law it comes with an automatic warranty which says that the product will function normally, for its intended purpose, for a reasonable period of time. This is an implied warranty of merchantability.
With a vehicle, building, or safe, there is a certain level of security that's expected. If I buy a $50 security cabinet, I should not be surprised if someone with a crowbar can force it open readily. A $2,000 safe, however, should require an attacker to expend a little more effort. A $2,000 safe which could be opened by tapping the right spot three times with a screwdriver would rightly be regarded as defective.
I can destroy a frame house with gasoline and a match does that not make the house defective?
Buildings are required to meet certain fire-resistance standards. These standards generally specify the rate at which fires spread (and are designed to ensure that occupants escape). If dropping a lit cigarette on the floor of a structure would result in the entire structure being engulfed in flames within 15 seconds, the structure would be rightly considered defective.
If drunk runs into your car and it kills you does that make your car defective?
If your car and the drunk's were if comparable weight and both were travelling at 25mph or less, probably yes. Vehicles have certain specs for what types of crashes are supposed to be survivable. Vehicles which cannot protect their occupants in such crashes may be rightly regarded as defective.
Microsoft advertised their product as being "secure". Their product is in reality no more secure than a safe which will open for someone who taps the right spot with a screwdriver. As such, it would rightly be regarded as defective.