What are the goals of software liability laws?
Do we really want to pay the price of risk-free software? No.
- Wasted resources better spent on other pursuits.
- We willingly assume risks everyday.
What we want is an optimal level of software reliability.
- A perfectly functioning market would solve the problem.
- Unfortunately, the market is far from perfect and thus there arises a need for liability laws.
- LACK OF INFORMATION!
Strict Liability
Producer liable under all circumstances.
- Too heavy a burden on industry.
- Fails to recognize inherent unreliability of software.
- Hurt small companies.
- Discourage innovation.
- Ignores possibility of user misuse.
Negligence
- Setting up a standard. (Duty of care, proximal cause, and intervening circumstances.)
- Increased legal costs.
- Difficult to prove negligence.
Product vs. Service debate.
The profession of software engineering?
Is there a unified body of professional knowledge?
Existence of professional organizations.
Consequences of professsional status.
Possibility of "computer malpractice" suits.
Increased negligence standard: a move from "reasonable man" to "average competent professional" standard.
PART 3: Conclusions: Policy Recommendations
