{"title":"The increasing threat of legal liability for software developers","authors":"J. Sipior, Burke T. Ward, William P. Wagner","doi":"10.4018/IRMJ.1998100103","DOIUrl":null,"url":null,"abstract":"This paper discusses the increasing threat of legal liability for developers should software malfunction and cause financial loss or harm to the user. Recent events in the software industry have signaled a changing environment for development organizations. A discussion of the mounting market expectations for software to function properly is presented to underscore the increasing potential for users to seek legal recourse. Various theories in the U.S. legal system may form the basis for legal action on the part of the user, based upon the characteristics of the individual case. The focus of this discussion is on software which is developed for sale, as opposed to in-house development, since most legal actions would arise between a vendor and purchaser. Although we conclude that the legal liability of the software developer is currently unclear and varies by jurisdiction, the threat is nonetheless present and may indeed be on the rise.","PeriodicalId":1,"journal":{"name":"Accounts of Chemical Research","volume":null,"pages":null},"PeriodicalIF":16.4000,"publicationDate":"1998-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"4","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Accounts of Chemical Research","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.4018/IRMJ.1998100103","RegionNum":1,"RegionCategory":"化学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"CHEMISTRY, MULTIDISCIPLINARY","Score":null,"Total":0}
引用次数: 4
Abstract
This paper discusses the increasing threat of legal liability for developers should software malfunction and cause financial loss or harm to the user. Recent events in the software industry have signaled a changing environment for development organizations. A discussion of the mounting market expectations for software to function properly is presented to underscore the increasing potential for users to seek legal recourse. Various theories in the U.S. legal system may form the basis for legal action on the part of the user, based upon the characteristics of the individual case. The focus of this discussion is on software which is developed for sale, as opposed to in-house development, since most legal actions would arise between a vendor and purchaser. Although we conclude that the legal liability of the software developer is currently unclear and varies by jurisdiction, the threat is nonetheless present and may indeed be on the rise.
期刊介绍：
Accounts of Chemical Research presents short, concise and critical articles offering easy-to-read overviews of basic research and applications in all areas of chemistry and biochemistry. These short reviews focus on research from the author’s own laboratory and are designed to teach the reader about a research project. In addition, Accounts of Chemical Research publishes commentaries that give an informed opinion on a current research problem. Special Issues online are devoted to a single topic of unusual activity and significance.
Accounts of Chemical Research replaces the traditional article abstract with an article "Conspectus." These entries synopsize the research affording the reader a closer look at the content and significance of an article. Through this provision of a more detailed description of the article contents, the Conspectus enhances the article's discoverability by search engines and the exposure for the research.
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