Often with consoles to be able to softmod them, some legitimately acquired game is required that provides an exploit such that the whole console can be modded, possibly resulting in the owner installing hundreds of illegally obtained copies of games.

Can the creator of a console (e.g., Nintendo) sue the creator of a game (e.g., Konami) that inadvertently provides an exploit that is used by hackers to mod the whole console?

  • I'm voting to close this question as off-topic because it is not a question about law. It is about software technicalities. – ohwilleke Mar 13 '18 at 16:29
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    @ohwilleke I think a comparable physical situation would be whether one office is liable in an office building if they accidentally leave their door unlocked and a thief uses that to access the whole building. This is still a liability question, even if it's about software. – IllusiveBrian Mar 13 '18 at 18:40
  • @IllusiveBrian O.K., clearly I am too low tech to understand. I had thought it was a "what is possible with software" question. I'll defer to others with a better grasp of what is being asked. – ohwilleke Mar 13 '18 at 19:08
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    It's not a "what is possible about software", it's a "this is possible with software, who would be liable". – Stackstuck Mar 13 '18 at 19:27
  • Are you asking if there is statutory liability for the game developer absent liability imposed or released by contract? Different console creators probably have different contracts with companies that release games on their console, but it would be interesting to see what, if any, minimum liability the developer has (do they need to do due diligence, or is it entirely "buyer beware" for the console creators). – IllusiveBrian Mar 15 '18 at 19:29

Can the creator of a console sue the creator of a game

Yes. Anyone can sue for any reason. Whether they would be successful depends on the contracts that exist between the two parties.

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