Bottomley: Solving the Looming Developer Liability Problem

> My meager support business clearly qualifies.

Except it most definitely does NOT clearly qualify. It sounds like (and from what I remember) it is a *service* business. You supply a *service* to your customer, it is he who is making (manufacturing?) the multiple copies, and it is HE who is liable by ADVERTISING FOR SALE the results in the EU.

You have a B2B contract for services outside of the EU. There's no way that can qualify as "a manufacture or digital service made available on the EU market". You just make sure that your contract says you supply all your services in good faith, and you warrant to fix any problems for a reasonable fee (including maybe fixing your own mistakes for free?) as soon as is practicable once brought to your attention. Actually, that wording in the contract would probably get both you and your employer off the hook for any liability claims. A breach of that contract, on the other hand, all hell would probably break loose ...

Don't forget, unlike America, the EU tends to prioritise making sure history doesn't repeat itself. Demonstrate good faith, and you'll get away with a lot. The American system, on the other hand, tends to emphasise the letter of the law and encourages people trying to game it.

Cheers,
Wol