The Impact of Additive Technologies on Determining the Tort Liability Model of an Online Platform Operator

Abstract

In the paper, the author points out that humanity has moved into the era of information society, the era of digitalization, when the digitalization of all socio-economic relations becomes an inevitable global process radically changing the existence of man and even of man himself. In the sphere of Economics, the traditional borders between the producer, seller (intermediary) and consumer of goods are being erased, and the phenomenon of sharing economy is replacing traditional channels and supply chains, radically transforming socio-economic relations. New forms of collaboration between manufacturers, wholesalers, retailers and consumers are emerging, and a new technological infrastructure for such collaboration is actively developing, i.e. digital online platforms that act as one of the drivers of the fourth industrial revolution. The development of the three-dimensional printing technology allows any individual to participate in the creation of various material goods. Printing of material objects is based on a three-dimensional digital model, the digital equivalent of its physical embodiment. A serious legal challenge is the regulation of relations related to the circulation and use of three-dimensional models of objects of the material world, as well as liability for damage caused by a defect in the three-dimensional digital model.The paper contains a number of prognostic conclusions. If a defective three-dimensional digital model is purchased for a fee as a product (digital content) on the corresponding online platform, it is possible to impose tort liability on both the counterparty under the contract and the platform operator. Such liability must be strict, joint and several. A strict, joint and several liability model will serve as an incentive to ensure transparency in the field of digital turnover, as well as exert a preventive influence by deterring illegal behavior. If the identity of the seller of digital content is not established, only the platform operator will be held liable.If a defective three-dimensional digital model is placed free of charge on the hosting site, the creator of such a digital model will be held liable. The responsibility of a hosting provider that provides only a technical service for hosting content must be subject to the rules on the responsibility of the information intermediary.