Defective software: An overview of legal remedies and technical measures available to consumers

Abstract

The rapid growth of the computer industry has given rise to new legal and developmental challenges. Legal liability for software developers is unclear and nonuniform, and faulty software persists. Systems integrators and users are responsible for protecting their own interests when they contract for new software. However, a new uniform law, the Uniform Computer Information Transactions Act, is before US state legislatures; the law addresses agreements whose primary purpose is to require a party either to create, modify, licence or transfer informational rights in computer information. If legislatures pass the Act, system integrators and users will have a new avenue for pursuing claims arising from computer information transactions. However, the law is the subject of much controversy because it is not neutral and is described as pro-vendor. This chapter outlines the legal remedies available to systems integrators when software fails and suggests defensive steps that system integrators and users can employ to minimize the risk of faulty software.