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Tort Liability For Software Developers: A Law & Economics Perspective, 27 J. Marshall J. Computer & Info. L. 199 (2009), T. Randolph Beard, George S. Ford, Thomas M. Koutsky, Lawrence J. Spiwak Jan 2009

Tort Liability For Software Developers: A Law & Economics Perspective, 27 J. Marshall J. Computer & Info. L. 199 (2009), T. Randolph Beard, George S. Ford, Thomas M. Koutsky, Lawrence J. Spiwak

UIC John Marshall Journal of Information Technology & Privacy Law

This article explores the economic rationale for applying product liability law to computer software. As demonstrated in the article, a well-designed liability regime must place liability upon all parties who economically control the risks of accidents. Accordingly, this article finds that strict liability may be appropriate for certain types of “intrinsic” software, but not for other types of software requiring that the customer be actively involved in the selection, operation and maintenance thereof. The authors show that for this type of “extrinsic” software, a strict liability rule is unlikely to be economically optimal and, therefore, choosing a generic liability regime …


In The Matter Of Ottinger V. Non-Party The Journal News, Daniel Haier Jan 2009

In The Matter Of Ottinger V. Non-Party The Journal News, Daniel Haier

NYLS Law Review

No abstract provided.