Software Liability Essay Example | Topics and Well Written Essays - 750 words

Software Liability - Essay Example We need to know more about software liability and know who should be held liable. Issues It is therefore helpful to know what should be protected to be able to make sure that software users are sheltered unintended consequences for any malfunction. Every piece of software comes will a license agreement which strips off the creator for any liability that may result using their product (Tompkins, 2000). We cannot just let the companies sell their products and then by just a click of the license agreement, the programmers are not liable anymore. What if the software is used in medical fields where lives are at risk? What protection should be provided for the end users? Do we have existing protection for the software users? Are the creators, programmers, owners protected too? Discussion Software users should therefore be protected with the contract that they had agreed with the providers, developers or programmers. Each software user enters into a contract or license agreement with the p roviders believing that all the statements regarding the product they wanted to buy or use are true. Thus, any defects and malfunctions of each product or software should be given utmost attention and reparation. According to Kaner (1997), there are a lot of theories which a software consumer is protected and software developer can be sued. The software developer or programmer can be held liable for criminal act and intentional tort, which includes intentional tampering of the consumer’s computer or loading viruses (Kaner, 1997). A consumer can also sue for strict liability and negligence which a defective product caused injury and damage to the consumer since each company has duty to take reasonable measures to make the product safe (Kaner, 1997). Kaner (1997) also included fraud, negligent misrepresentation, unfair deceptive trade practice, unfair competition, and FTC enforcement to cover for misrepresentation of product and other fraudulent and deceptive acts of the progra mmers regarding the software. Lastly, a programmer or company can be sued for breach of contract when in each software transaction, a user and a provider engages in a contract which gives obligation to each other (Kaner, 1997). These protections should not be expanded anymore. Venters (2007) stated that we also need to consider the types of failures that happen. As he explained, there is a big difference between intentional failure and accidental failure (Venters, 2007). Even if we say that consumers can greatly be affected by the malfunctions or defects of the product, we must also consider that the providers such as programmers or developers also did their best to provide the best product with good intention. The software producers, programmers, developers and owners are also protected. The scope of protection and likelihood of enforcement of protection varies by country (International Legal Protection for Software, n.d.). They are protected by Trade Act and other intellectual pro perty and copyright laws in several countries. They are also protected by the license agreement that the consumers or users and providers agreed into. Every time the users agree into license agreement, they are agreeing to the contract and therefore waiving their rights to complain regarding the products they are using. The consumers agreed to purchase the product stating that providers are not liable for any problems that may arise after such transaction. This is their

Web Browsers Research Paper Example | Topics and Well Written Essays - 1750 words - 1

Web Browsers - Research Paper Example Over time their usability has increased. Though, their main function is to act as browsers for the web, they are also used in different networking solutions. The first web browser was introduced in 1993 by Marc Andreessen and Eric Bina. It was named Mosaic and made to run on UNIX platform (Rosen et al. 290). Mosaic Communications Corporation was founded and later named Netscape Communications Corporation and hence, the browser was renamed Netscape. Functionality was added over time and it was fairly simple. Various bundles were added along with the browser to improve its functionality and enable it to connect with an email client and for composing a webpage. In 1995, Microsoft countered Netscape with the introduction of Internet Explorer for its Windows platform. The browser was based on the original Mosaic browser. The two companies fought for dominance for almost three years and a race started between the two. This war for dominance is known as the Browser War (Ensor 164). Over this time new features were introduced and the development of feature rich modern browsers started. Microsoft gained dominance by including Internet Explorer fr ee in its Windows operating system and furthermore, developed a version for the UNIX foundation also available free of cost. Netscape could not sustain damages and was sold to Mozilla Foundation; the maker of Firefox. Over time, other browsers joined in the list. Most notable of them are Apple’s Safari, which was introduced in 2003 and the more recently Google’s Chrome introduced in 2008. The major web browsers in use today include Internet Explorer, Chrome, Firefox and Safari. The basic functionality of all these browsers is to enable user navigation in a webpage. Different features have been added over time and they are all different from each other in operation, features and interface. The most common features besides supporting HTML files include; built in search