Software Vendor Liability
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Software Vendor Liability
Software vendor liability is the issue of product liability for software bugs that cause harm, such as security bugs or bugs causing medical errors. For the most part, this liability does not exist in the United States. The possibility of liability is excluded for most software in the European Union Product Liability Directive 1985 The Product Liability Directive''85/374/EECis a directive of the Council of the European Communities (now the European Union) which created a regime of strict liability for defective products applicable in all member states of the European Union, ... but is explicitly provided for in the update issued in 2024. References Product liability Software law {{Law-stub ...
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Product Liability
Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. Although the word "product" has broad connotations, product liability as an area of law is traditionally limited to products in the form of tangible personal property. Product liability by country The overwhelming majority of countries have strongly preferred to address product liability through legislative means. Online access to this source requires a subscription to JSTOR or the Oxford Academic database operated by Oxford University Press. In most countries, this occurred either by enacting a separate product liability act, adding product liability rules to an existing civil code, or including strict liability within a comprehensive Consumer Protection Act. In the United States, product liability law was developed primarily through case law from state courts as w ...
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Software Bug
A software bug is a design defect ( bug) in computer software. A computer program with many or serious bugs may be described as ''buggy''. The effects of a software bug range from minor (such as a misspelled word in the user interface) to severe (such as frequent crashing). In 2002, a study commissioned by the US Department of Commerce's National Institute of Standards and Technology concluded that "software bugs, or errors, are so prevalent and so detrimental that they cost the US economy an estimated $59 billion annually, or about 0.6 percent of the gross domestic product". Since the 1950s, some computer systems have been designed to detect or auto-correct various software errors during operations. History Terminology ''Mistake metamorphism'' (from Greek ''meta'' = "change", ''morph'' = "form") refers to the evolution of a defect in the final stage of software deployment. Transformation of a ''mistake'' committed by an analyst in the early stages of the softw ...
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Security Bug
A security bug or security defect is a software bug that can be exploited to gain unauthorized access or privileges on a computer system. Security bugs introduce security vulnerabilities by compromising one or more of: * Authentication of users and other entities * Authorization of access rights and privileges * Data confidentiality * Data integrity Security bugs do not need be identified nor exploited to be qualified as such and are assumed to be much more common than known vulnerabilities in almost any system. Causes Security bugs, like all other software bugs, stem from root causes that can generally be traced to either absent or inadequate: * Software developer training * Use case analysis * Software engineering methodology * Quality assurance testing * and other best practices Taxonomy Security bugs generally fall into a fairly small number of broad categories that include: * Memory safety (e.g. buffer overflow and dangling pointer bugs) * Race condition * Secure ...
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Product Liability Directive 1985
The Product Liability Directive''85/374/EECis a directive of the Council of the European Communities (now the European Union) which created a regime of strict liability for defective products applicable in all member states of the European Union, the other EEA members (Iceland, Liechtenstein and Norway) and the United Kingdom. Directive 1999/34/EC amended the 1985 directive. Background The Council adopted a resolution in 1975 for a preliminary programme on consumer protection and information technology. Moves towards a strict liability regime in Europe began with the Council of Europe Convention on Products Liability in regard to Personal Injury and Death (the Strasbourg Convention) in 1977. The Pearson Commission in the UK noted that this work had started, and refrained from making their own recommendations. A second EU programme followed in 1981. The preamble to the directive cites Art. 100 (subsequently renumbered to Art. 94, then to Art. 115) of the Treaty of Rome and the ...
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Product Liability
Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. Although the word "product" has broad connotations, product liability as an area of law is traditionally limited to products in the form of tangible personal property. Product liability by country The overwhelming majority of countries have strongly preferred to address product liability through legislative means. Online access to this source requires a subscription to JSTOR or the Oxford Academic database operated by Oxford University Press. In most countries, this occurred either by enacting a separate product liability act, adding product liability rules to an existing civil code, or including strict liability within a comprehensive Consumer Protection Act. In the United States, product liability law was developed primarily through case law from state courts as w ...
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