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Software vendor liability is the issue of product liability for software bugs that cause harm, such as security bugs [1] or bugs causing medical errors. [2] For the most part, this liability does not exist in the United States.
Case history; Prior actions: Preliminary injunction entered for plaintiff, 9-10-01: Subsequent action: none: Court membership; Judge sitting: Dean D. Pregerson: Case opinions; Plaintiff software company's product was sold rather than licensed to the defendant, who was therefore entitled to resell it in separate components.
The case has been of significant interest within the tech and software industries, as numerous computer programs and software libraries, particularly in open source, are developed by recreating the functionality of APIs from commercial or competing products to aid developers in interoperability between different systems or platforms.
The Software Freedom Law Center acted as the FSF's law firm in the case. [3] The foundation asked the court to enjoin Cisco from further distributing Linksys firmware that contains FSF copyrighted code, and also asked for all profits that Cisco received "from its unlawful acts."
As a subset of personal injury cases, product liability cases were extraordinarily rare, but it appears that in the few that were brought, the general rule at early common law was probably what modern observers would call no-fault or strict liability. [8] In other words, the plaintiff only needed to prove causation and damages. [8]
United States of America v. Microsoft Corporation, 253 F.3d 34 (D.C. Cir. 2001), was a landmark American antitrust law case at the United States Court of Appeals for the District of Columbia Circuit.
In July 2001, JMRI began calling one of its subprojects "DecoderPro". [59] In February 2004, Katzer purchased the domain decoderpro.com. After this was mentioned on a (non-JMRI) model railroad software mailing list, [60] Jerry Britton (a JMRI user/member) purchased and began using the domain name computerdispatcherpro.com, in apparent violation of Katzer's trademark on Computer Dispatcher.
Yuba Power Products, Inc, was a California torts case in which the Supreme Court of California dealt with the torts regarding product liability and warranty breaches. The primary legal issue of the case was to determine whether a manufacturer is strictly liable in tort when an article he places on the market proves to have a defect that causes ...
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