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Hardware and Software Liability by Tim Tompkins

Hardware and software liability is a new issue in society and law, and reactions to it are slow.

As these items become more ubiquitous in everyday life, our society will have to deal with this, and hopefully we will be prepared for it, rather than cobbling together some policies that do not effectively deal with the situation.

Software and hardware developers almost always have checks, tests, and quality assurance departments in place to make sure that their products are not defective, and perform as claimed.

Since the problems with software are often not clear or entirely understood by members of the legal system, rarely is strict liability used in computer-related cases.

Hardware or software will come with a license agreement that states that the creator is not liable for any damages that may result from the use of their product.

Software is a tool, and people rely upon tools to do their work. There is no reason why software should not be subject more of the same laws that products are subject to. It should be understood that sometimes software will fail at a greater rate than more tangible products, and most people will accept that.

Another problem plaguing the industry is the lack of standards:

Computer hardware and software have, so far, not been subject to any imposed standard, only those voluntarily accepted by the developers. Usually those standards that are adopted are for ease of use or compatibility, not for quality assurance or reliability.

License agreements such as this absolve the publisher of every possible legal responsibility.

If it can be determined that there is a software developer should have done and would reasonably have been expected by him by all others involved in the use and distribution of the software, then he can be found guilty of negligence, and required to pay damages to the plaintiff.

In some cases the courts have "declined to invent such a tort.

In court cases where negligence is concerned, it is disproven that the developer of a product exercised their care in the manufacture and sale of said product.