I recently had the pleasure of doing a Q&A with Paul Hyman of DSO.com. The subject was litigation, software IP, and how to prevent the two from coming together in a way that ruins your day. The implications for embedded software development and device product liability are particularly sobering.
Incidentally, I had a chat recently with someone (who should know) who is waiting for the day soon when a lawsuit will highlight a higher risk associated with C++-developed code than from Java-developed code. The premise is that C++ poses higher risk of software failures, and therefore not moving to development with less risky Java shows signs of negligence.
Many of us have been wondering when the high level of U.S. liability enforcements of a civil litigation variety will emerge within software use. It remains a ticking time bomb. The prudent would seek to reduce their risk while they can without a financial gun pointed at them. In other words, fix your roof while the sun is shining.