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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.
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.
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]
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 ...
This is not considered trademark infringement under the first sale doctrine. However, the first sale doctrine does not protect any product that is "materially different" from the genuine product. Adobe argues that the resold software lacks customer and technical support that comes with the original bundle.
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."
Two cases that went to trial earlier this year resulted in verdicts of $60 million against Mead and $495 million against Abbott. The latter verdict was before the same St. Louis judge as Whitfield ...
The software was meant to create a register of tax payers. Because of errors in the software, the loss to the council was £1,313,846. The council claimed breach of contract, and that the liability limitation was unreasonable under the Unfair Contract Terms Act 1977. International Computers Ltd claimed that the liability limitation should remain.