英文摘要 |
The author of this article indicates that both the German Product, Liability Act and the producer liability in German BGB (based on § 823 I) should be applied to producer of software. The "product" of § 1 of the German Product Liability Act shouldn't be defined by the criterium of corporeality. Considering the purpose of the Product Liability Act, an extended concept of product should be adopted. On the other hand, the producer liability of the German BGB presupposes a broader concept of product. However, the author further indicates that, while the German Product Liability Act and the producer liability of the German BGB apply to producer of software, we should take the characteristics of software in contrast to traditional products into account and redefine the due diligence accordingly. Based on such observations, the author tries to provide a coherent doctrinal foundation for software producer's duty of warning and providing patch after the release of software. |