How the Fifty States View Electronic Data as a “Product”
Drug & Device Law
JULY 31, 2023
We have blogged several times about the somewhat esoteric issue of whether intangible items – chiefly computer software, website algorithms, and other electronic information – is treated as a “product” for purposes of imposing strict liability on their creators. So far, the would-be liability expanders haven’t done very well. 1145, 1165 n.135
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