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Can the EU Hold Software Makers Liable For Negligence?
When it comes to introducing liability for software products, "the EU and U.S. are taking very different approaches," according to Lawfare's cybersecurity newsletter. "While the U.S. kicks the can down the road, the EU is rolling a hand grenade down it to see what happens." Under the status quo, t...
Under the status quo, the software industry is extensively protected from liability for defects or issues, and this results in systemic underinvestment in product security. Software makers can avoid liability if they prove a defect was not discoverable given the "objective state of scientific and technical knowledge" at the time the product was put on the market. Major software vendors used by the world's most important enterprises and governments are publishing comically vulnerable code without fear of any blowback whatsoever.
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