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Jim Dempsey on Standards for Software Liability

The Lawfare Podcast

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Software Liability and the Standard of Care

This chapter explores the discussion around imposing liability on developers of insecure software and the need to define a standard of care for software development. It discusses the market failure caused by disclaimers of warranty and liability by software developers, as well as the connection between technical standards and legal liability. The chapter also explores different legal theories of liability, such as warranty and negligence, and their application to software development.

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