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Story: EC wants software makers held liable for code

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The unpopular view

I am going to disagree slightly with my esteemed colleagues.

If you acquire a software package for free, your recourse is limited to the amount you paid. You don't get indemnity for nothing.

If however, you paid for the software, you buy it according to a set of stated principles. The prospectus for that purchased software will state what it will do and where it will run. If it doesn't you instantly get your money back, minimum. If in failing to perform according to the spec, it costs the user money, then the user has a case for damages.

This would apply to both proprietary and open source software. The developer is not involved, the organisation actually selling the software is the one in the frame.

The only people this would affect would be the ones selling software products, or licenses/subscriptions to use the software. If they are selling CDs which carry software, but are not selling the software, then they are immune.

This carries on down the line. If the vendor in turn purchased a license to a library from someone else and it was this library that caused the problem, then the liability can be passed on as well.

As it stands there is nothing the customer actually acquires in paying money for the software, other than a (sometimes time limited) right to have a crack at making it work for them. Under the above suggestion, the customer would be buying assurances that the software will actually work for them. If anyone wants to sell software, they will have to actually come up with something that works.

The actual code cutters would be liable only if they both developed and sold the software. If they are an employee of a company, then they worked on behalf of that company. If they are working for free as an open source contributor, then they are immune.

The proprietary software industry has been getting away with pulling in money for old rope for years. This might focus their attention on quality rather than just profit margin.

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