[SystemSafety] Post Office Horizon System

[Peter Bernard Ladkin]

On 2021-04-26 20:26 , Steve Tockey wrote:
> 
> ... But the question still remains in 
> the general case: more and more software is being delivered which is leading to material harm to the 
> general public—when will the developers and/or suppliers of such faulty software be held accountable 
> and liable?

One possible outcome of the Horizon case is that the notion of strict liability for software is 
being given a serious airing. The liability is not at the level of individuals but at the level of 
the developing organisation.

It is going to be hard to relegate a subtle technical problem to the mercy of the courts, though. 
Requirements specification is an unsolved engineering problem, and is likely to remain so for quite 
a while (if not for ever). Software systems are often used outside of formal requirements.

So introduction of strict liability could lead to the situation in which developers communicate 
formally over-strict requirements on the use of their product. Suppose someone uses that product 
outside those formally over-strict requirements. Developer points the finger at user, and, with a 
good legal department, wins in court.

Whereas the user might well have been using the system for its intellectually-intended purpose, 
where it failed and caused harm. In circumstances in which there was not strict liability and 
formally over-strict requirements, that might have led to a negotiation in which the developer 
agreed to accept some responsibility for the harm caused.

I agree with your examples, of course, especially the one in which you quote me back at myself :-)

PBL

Prof. Peter Bernard Ladkin, Bielefeld, Germany
ClaireTheWhiteRabbit RIP
Tel+msg +49 (0)521 880 7319  www.rvs-bi.de





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