Product Liability Concerning Software

[chrisd9]

For one of my classes I have to write a paper concerning the effectiveness and validity of tort and strict liability. I chose to talk specifically about the vagueness concerning software in this area.

for example, should software development be held to the same product liabilities? if so, how do you ensure this is done effectively given lawyers rarely have the technical understanding neccesary, and developers rarely have the legal expertise neccesary?

without putting any time into this post, or further discussion there ya go

any thoughts?

[nocrapchurch]

Check out this links:
http://www.badsoftware.com/theories.htm
http://www.eweek.com/article2/0,3959,40327,00.asp

That's without putting any extra thought into my post.

[chrisd9]

haha

knew i could count on you for this one

thanks scott

[nocrapchurch]

To put some more thought into the whole issue:

Virtually every piece of software that gets installed has a "user agreement" that must be agreed upon before installing the software. This typically says something along the lines of "We cannot be held liable for a damn thing!" And that is enough to get them out of any damage their software may cause.

Scott

[chrisd9]

That's true scott

and that's part of my discussion is that different types of software (ie retail software, and then custom developed software) usually come with different types of agreements and expectations.

the problem is that with lawyers and juries, regardless of that user agreement that says they aren't liable, there is still a slight possibility a developer could be found guilty. it all comes down to the individual court.

my main point is that while tort and product liability has many of its own problems, for software those problems are potentially even greater, especially considering software liability litigation is still somewhat of an unchartered territory, without norms yet established. also, even if norms are able to get established they will for ever be changing as technology advances.

thanks

[chrisd9]

scott,

would you want this paper to read and maybe post on your site??

hehe

[nocrapchurch]

Send me a copy. I'd like to take a look at it.

Scott

[chrisd9]

probably about another week, thanks for your help