Since the beginning of the year, an EU directive has changed significantly: software companies can now be held liable if they knowingly market defective software. All software—including operating systems, applications, and AI systems—is now considered a “product” under the EU Product Liability Directive (EU) 2024/2853, which came into force on December 8, 2024. This new edition extends liability to digital products and holds manufacturers responsible for damages caused by product defects, even without proof of fault. This includes missing or insufficient software updates, security vulnerabilities, and malfunctioning AI systems. Additionally, manufacturers are obliged to keep their products safe through updates after sale; failure to do so can be regarded as a product defect. Liability may extend up to 10 years and covers new damage categories such as data loss and psychological harm.
The first lawsuits, for example in the entertainment industry, were already filed in July 2025. Regarding your specific situation, it would therefore be justified to demand a refund from inibuilds if no prospect of defect-free software is shown, as the directive significantly strengthens consumer protection and imposes strict liability requirements on manufacturers.
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European Product Liability Directive (EU) 2024/2853, Official Journal of the EU, 23 October 2024:
• Fladgate LLP, “The EU’s New Product Liability Directive: What It Means for Software,” May 2025
• Contrast Security, “Software Defects = Potential Lawsuits,” March 2025
• Reedsmith LLP, “The New EU Product Liability Directive: Implications for Software,” July 2025
• Kothes Rechtsanwälte, “The New EU Product Liability Directive,” January 2025