Software vendor liability is the issue of product liability for software bugs that cause harm, such as security bugs [1] or bugs causing medical errors. [2] For the most part, this liability does not exist in the United States. [3] [4] [5] The possibility of liability is excluded for most software in the European Union Product Liability Directive 1985 but is explicitly provided for in the update issued in 2024. [6]
In the field of computer security, independent researchers often discover flaws in software that can be abused to cause unintended behaviour; these flaws are called vulnerabilities. The process by which the analysis of these vulnerabilities is shared with third parties is the subject of much debate, and is referred to as the researcher's disclosure policy. Full disclosure is the practice of publishing analysis of software vulnerabilities as early as possible, making the data accessible to everyone without restriction. The primary purpose of widely disseminating information about vulnerabilities is so that potential victims are as knowledgeable as those who attack them.
Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. Although the word "product" has broad connotations, product liability as an area of law is traditionally limited to products in the form of tangible personal property.
A software bug is a bug in computer software.
In the computer industry, vaporware is a product, typically computer hardware or software, that is announced to the general public but is late, never actually manufactured, or officially cancelled. Use of the word has broadened to include products such as automobiles.
The software release life cycle is the process of developing, testing, and distributing a software product. It typically consists of several stages, such as pre-alpha, alpha, beta, and release candidate, before the final version, or "gold", is released to the public.
An end-of-life product is a product at the end of the product lifecycle which prevents users from receiving updates, indicating that the product is at the end of its useful life. At this stage, a vendor stops the marketing, selling, or provisioning of parts, services, or software updates for the product. The vendor may simply intend to limit or end support for the product. In the specific case of product sales, a vendor may employ the more specific term "end-of-sale" ("EOS"). All users can continue to access discontinued products, but cannot receive security updates and technical support. The time-frame after the last production date depends on the product and relates to the expected product lifetime from a customer's point of view. Different lifetime examples include toys from fast food chains, mobile phones and cars.
A software license is a legal instrument governing the use or redistribution of software.
Norton AntiVirus is an anti-virus or anti-malware software product founded by Peter Norton, developed and distributed by Symantec since 1990 as part of its Norton family of computer security products. It uses signatures and heuristics to identify viruses. Other features included in it are e-mail spam filtering and phishing protection.
Vulnerabilities are flaws in a computer system that weaken the overall security of the system.
A crash reporter is usually a system software whose function is to identify reporting crash details and to alert when there are crashes, in production or on development / testing environments. Crash reports often include data such as stack traces, type of crash, trends and version of software. These reports help software developers- Web, SAAS, mobile apps and more, to diagnose and fix the underlying problem causing the crashes. Crash reports may contain sensitive information such as passwords, email addresses, and contact information, and so have become objects of interest for researchers in the field of computer security.
Chargeback fraud, also known as friendly fraud, cyber shoplifting, or liar-buyer fraud, occurs when a consumer makes an online shopping purchase with their own credit card, and then requests a chargeback from the issuing bank after receiving the purchased goods or services. Once approved, the chargeback cancels the financial transaction, and the consumer receives a refund of the money they spent. Dependent on the payment method used, the merchant can be accountable when a chargeback occurs.
Rogue security software is a form of malicious software and internet fraud that misleads users into believing there is a virus on their computer and aims to convince them to pay for a fake malware removal tool that actually installs malware on their computer. It is a form of scareware that manipulates users through fear, and a form of ransomware. Rogue security software has been a serious security threat in desktop computing since 2008. An early example that gained infamy was SpySheriff and its clones, such as Nava Shield.
Bitdefender is a Romanian cybersecurity technology company headquartered in Bucharest, Romania, with offices in the United States, Europe, Australia and the Middle East.
A data breach, also known as data leakage, is "the unauthorized exposure, disclosure, or loss of personal information".
Professional liability insurance (PLI), also called professional indemnity insurance (PII) but more commonly known as errors & omissions (E&O) in the US, is a form of liability insurance which helps protect professional advising, consulting, and service-providing individuals and companies from bearing the full cost of defending against a negligence claim made by a client in a civil lawsuit. The coverage focuses on alleged failure to perform on the part of, financial loss caused by, and error or omission in the service or product sold by the policyholder. These are causes for legal action that would not be covered by a more general liability insurance policy which addresses more direct forms of harm. Professional liability insurance may take on different forms and names depending on the profession, especially medical and legal, and is sometimes required under contract by other businesses that are the beneficiaries of the advice or service.
A zero-day is a vulnerability in software or hardware that is typically unknown to the vendor and for which no patch or other fix is available. The vendor has zero days to prepare a patch as the vulnerability has already been described or exploited.
Proprietary software is software that grants its creator, publisher, or other rightsholder or rightsholder partner a legal monopoly by modern copyright and intellectual property law to exclude the recipient from freely sharing the software or modifying it, and—in some cases, as is the case with some patent-encumbered and EULA-bound software—from making use of the software on their own, thereby restricting their freedoms.
A cyberattack occurs when there is an unauthorized action against computer infrastructure that compromises the confidentiality, integrity, or availability of its content.
Cyber-insurance is a specialty insurance product intended to protect businesses from Internet-based risks, and more generally from risks relating to information technology infrastructure and activities. Risks of this nature are typically excluded from traditional commercial general liability policies or at least are not specifically defined in traditional insurance products. Coverage provided by cyber-insurance policies may include first and third parties coverage against losses such as data destruction, extortion, theft, hacking, and denial of service attacks; liability coverage indemnifying companies for losses to others caused, for example, by errors and omissions, failure to safeguard data, or defamation; and other benefits including regular security-audit, post-incident public relations and investigative expenses, and criminal reward funds.
Increases in the use of autonomous car technologies are causing incremental shifts in the responsibility of driving, with the primary motivation of reducing the frequency of traffic collisions. Liability for incidents involving self-driving cars is a developing area of law and policy that will determine who is liable when a car causes physical damage to persons or property. As autonomous cars shift the responsibility of driving from humans to autonomous car technology, there is a need for existing liability laws to evolve to reasonably identify the appropriate remedies for damage and injury. As higher levels of autonomy are commercially introduced, the insurance industry stands to see higher proportions of commercial and product liability lines of business, while the personal automobile insurance line of business shrinks.