oa Comparative and International Law Journal of Southern Africa - The applicability of the EU product liability directive to 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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