Mobile Platforms as Intermediaries
As smartphones, tablets and other mobile devices have seen rapid worldwide adoption, a robust ecosystem has emerged for the development and distribution of applications that run on such devices. This raises the question of what, if any liability do the mobile platforms (the hardware, software and other associated components of the ecosystem that host and facilitate access to the apps) have for the behavior of such apps.
This paper explores legal liability for mobile platforms in three different jurisdictions: the United States, the European Union, and Canada. We find that, under US law, mobile platforms are protected against liability for the conduct of independent, third-party apps, but that outside the US policymakers and courts are imposing or considering imposing liability on platforms.
