oa Comparative and International Law Journal of Southern Africa - The applicability of the EU product liability directive to software
|Article Title||The applicability of the EU product liability directive to software|
|© Publisher:||Institute of Foreign and Comparative Law|
|Journal||Comparative and International Law Journal of Southern Africa|
|Affiliations||1 Department of Criminal and Procedural Law, UNISA|
|Publication Date||Jul 2001|
|Pages||188 - 209|
|Keyword(s)||Computer products, Defective products, EFTA, EU, European Free Trade Association, European Union, Information technology, Legal liability, Product liability and Software|
EU law is vitally important to the computer and information technology industries as it regulates the ways in which these industries may operate within the EU. It is submitted that the application of the European Union (EU) directive to software should not be determined by the technical and commercial peculiarities of software, as technology changes too fast to make it practical to have legal liability depend on such technicalities. Furthermore, it makes no difference to the victims whether software was acquired in the form of a standard package or custom made software, or whether it is tangible or not, they are only aware of the damage it caused.
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