EC Wants Software Makers held Responsible for Code
A priority area for possible EU action is extending the principles of consumer protection rules to cover licensing agreements of products like software downloaded for virus protection, games or other licensed content.
Commissioners Viviane Reding and Meglena Kuneva have proposed that EU consumer protections for physical products be extended to software. The suggested change in the law is part of an EU action agenda put forward by the commissioners after identifying gaps in EU consumer protection rules.
A priority area for possible EU action is extending the principles of consumer protection rules to cover licensing agreements of products like software downloaded for virus protection, games or other licensed content. Licensing should guarantee consumers the same basic rights as when they purchase a good: the right to get a product that works with fair commercial conditions.
"If we want consumers to shop around and exploit the potential of digital communications, then we need to give them confidence that their rights are guaranteed," said Kuneva.
The Business Software Alliance (BSA), which represents the interests of software makers including Apple, IBM and Microsoft, criticized the proposals.
"Digital content is not a tangible good and should not be subject to the same liability rules as toasters," told BSA director of public policy Francisco Mingorance . "Unlike tangible goods, creators of digital content cannot predict with a high degree of certainty both the product's anticipated uses and its potential performance."
Mingorance said the performance of a piece of software depends on the environment it operates in, how the code is updated, whether it is possible to adapt and modify the software, and whether the code is attacked.
According to Mingorance, the proposed regulatory extension would cover all software, including beta products, and would cover both proprietary and open-source software.
Right now, under the current EU Sales and Guarantees Directive, physical products are expected to carry a guarantee of two years. Extending those terms to software would have the effect of limiting customer choice, as contract terms would have to be extended to a minimum of two years, Mingorance added.
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