OPEN SOURCE SOFTWARE LICENCES: THE ISSUES RELATED TO NON-PERFORMANCE AND PRODUCT LIABILITY

4/05/2023

We are happy to share a new interesting contribution by Mrs. Simona Lavagnini, founding partner of LGV Avvocati, on the matter of licenses for the use of commercial and open source software, with specific reference to the profiles of non-performance liability in the light of the most recent case-law and legislative approaches.

 

What application can be reserved to clauses in software licenses that provide broad exemptions from liability for total, partial or incorrect performance? What differences could there be when the supplier is a “non-professional”? The subject remains widely debated, both in the Italian Supreme Court’s jurisprudence and in the doctrine, with particular reference to the treatment to be reserved to the world of open source, also and above all looking at the text – not yet final – of the proposal for a European Directive on product liability.
The full article is available at the following link: https://www.agendadigitale.eu/mercati-digitali/licenze-software-open-source-i-nodi-della-responsabilita-per-inadempimento-e-da-prodotto/