Are Apps Products?

Couple breaks up.  Upset former lover creates fake profiles on a dating app that leads to harassment of ex, including over a dozen instances of people showing up at the person's home and workplace ready for sex.  The victim files police reports and eventually obtains a restraining order against the company that created the dating app.  The victim sues the company alleging, among other things, products liability.  The trial court dismisses the action based on section 230 of the Telecommunications Decency Act of 1996, protecting those providing interactive computer services from the statements of third parties.  Today the Second Circuit hears an appeal of that case, Herrick v. Grindr.  In the meantime, Dave Ingram of NBC has an interesting piece on the issue of whether apps qualify as products for purposes of products liability.