Comments on: Liability for Software Vulnerabilities http://www.robhyndman.com/2005/10/20/liability-for-software-vulnerabilities/ any technology distinguishable from magic is not sufficiently advanced Sat, 22 Nov 2008 03:21:20 +0000 http://wordpress.org/?v=2.6 By: Tim Marman http://www.robhyndman.com/2005/10/20/liability-for-software-vulnerabilities/#comment-631 Tim Marman Wed, 09 Nov 2005 06:44:35 +0000 http://www.robhyndman.com/?p=869#comment-631 Within tort law, it's important to distinguish between strict liability and negligence. I don't think there's anything wrong with applying a negligence standard to software development. Alpha/beta software contains sufficient warnings and is explicitly not intended for production release. Thus, anyone who deploys such software in a production environment likely wouldn't have a cause of action. (Or we could easily make the argument that they are at least contributorily responsible). Within tort law, it’s important to distinguish between strict liability and negligence.

I don’t think there’s anything wrong with applying a negligence standard to software development.

Alpha/beta software contains sufficient warnings and is explicitly not intended for production release. Thus, anyone who deploys such software in a production environment likely wouldn’t have a cause of action. (Or we could easily make the argument that they are at least contributorily responsible).

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