Abstract

Liability for defects in computer software should be evaluated basing on sales, licensing and specific work contracts. The basic regulation in this respect, namely the provisions of the Copyright Act, shall apply to contracts involving the creator in the strict sense, and on the basis of which the purchaser is allowed to use the software regardless of whether it does exist at the time of signing the contract or is only a potential one, since liability for defects as specified in the copyright law is determined by the fact of being the creator in the strict sense and it is without significance what type of contracts this entity concludes. Therefore, this will take place when the creator/vendor transfers ownership of property rights to computer software under a sales contract and a specific work contract, or under a licensing agreement. On the other hand, the agreements concluded by a party not being the creator in the strict sense shall be governed by the provisions of the Civil Code concerning liability for defects under warranty (sales and specific work contracts), or liability under general rules, i.e. for non-performance or improper performance of obligations (licensing agreements). Also, liability for software defects should be separated from liability for defects of the software medium.