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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]
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 defendant was not bound by the software "shrinkwrap license" (or End User License Agreement) because the terms of that license were never assented to.
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 ...
The case organized by the Department of Justice was focused less on interoperability, and more on predatory strategies and market barriers to entry; the DOJ built upon the allegation that Microsoft forced computer makers to include its web browser as a part of the installation of Windows software.
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Step-Saver's products included software produced by Software Link, Inc (TSL), computer terminals produced by Wyse Technology, and main computers produced by IBM. The fundamental question raised in this case was whether the shrinkwrap licenses accompanying TSL's software were legally binding, given that different terms were negotiated over the ...