Note that from the standpoint of utilitarianism, the person that is liable. is the software developer.
Utilitarianism is known to be a term that connote the theory of morality that tells us about all actions that brings about happiness or pleasure and is one that is against actions that leads to unhappiness or any form of harm.
Note that from the standpoint of utilitarianism, the person that is liable. is the software developer because he or she knows that the product is defective and will cause harm but still release it into the market.
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