Ars Technica reported earlier this week that a Texas family is suing Apple after a driver using the company's FaceTime app smashed into the family's Toyota Camry and killed 5-year-old Moriah Modisette.

The family claims that Apple should've made its software so that it could not be used if the phone's built-in GPS detected that the user was traveling at more than a walking pace.

As has been pointed out numerous times when people suggest that certain smartphone features be disabled to prevent some small sliver of idiot drivers who abuse them, such a change would also affect passengers; and not just in cars, but in trains, buses and even airplanes.

The article itself is mildly interesting. What is really interesting is the comments from Ars Technica's largely left-leaning crowd panning the lawsuit as frivolous and little more than a legal expedition into the margins of technology looking for deep pockets.

Interestingly enough, these are the same sorts of people who I am sure would be quick to praise lawsuits against gun makers like AR-15 manufacturer Bushmaster when some nut uses one of their products to commit murder—a fact largely lost on most of them.

I've made this point before with regard to drunk drivers as well. We don't go after car manufacturers or dealers when a drunk driver kills someone. We don't ask if the dealer ran a background check on the car buyer to see if they have been charged with a DUI in the past.

But guns are different … apparently just because.