Because software liability law is in its formative years, there is a considerable amount of disagreement about basic concepts.
The first issue that must be addressed is whether computer sofware is a product or a service. This argument is crucial, for a determination that software constitutes a product would bring it under a myriad of product liability law that already exists.
The product vs. service debate and its implications.
The next big issue is whether computer programmers are "professionals" in the strict sense of the term. A determination that computer programmers are professionals would increase their duty of care in negligence suits.
The professional status of computer programmers.
There is a law review literature that addresses the application of strict liability vs. negligence to software cases. Here we present an overview of the basic arguments.
Ex poste legal mechanisms like liability laws sometimes don't work well. Another mechanism is the imposition of ex ante regulation on computer professionals. Here, we examine the consequences of this policy alternative.
Government regulation of software engineers.