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In AU, Court Rules Downloaded Software Not "goods"

bennyboy64 (1437419) writes | more than 3 years ago

Software 2

bennyboy64 (1437419) writes "A court decision ruling that the supply of software through a digital download mechanism is not a supply of 'goods' has been upheld in the Supreme Court of New South Wales (NSW) in Australia, setting a precedent that software downloaded via the internet is not protected by the Sale of Goods Act, reports ZDNet. It's a court decision that lawyer Patrick Gunning said attorneys had been waiting to have clarified for some time. What this meant was that "people who purchase software will have more legal rights if they buy over the counter rather than downloading", Gunning said."
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2 comments

claims trading software (1)

margaretasharon (1806354) | more than 3 years ago | (#32123130)

The Web commerce company, which does not itself put the goods up for sale, says it has spent Startup ALGO claims trading software nears speed of light Prudential may exit some . Greece debt crisis has little impact on Australian banks Ultra White Smile [articlesbase.com]

Anything that's downloadable is not (yet) goods? (1)

c0lo (1497653) | more than 3 years ago | (#32123408)

I wonder how is the situation in other countries?

TFA and an uber-TFA [mallesons.com] say:

The analysis in this decision applies equally to the delivery of content through digital downloads, such as music, ringtones, video or e-books. And, although it was not decided under Australia’s Trade Practices Act, the definition of "goods" in that legislation is not materially different, so the reasoning will also be applied in claims for breach of non-excludable conditions and warranties implied as a result of the operation of that Act. ...
[...] The draft legislation (known as the Australian Consumer Law) amends the definition of "goods" to specifically include computer software. It is curious that software has been singled out for special treatment by the new Australian Consumer Law, and that the same approach is not proposed for other "products" that can, and will increasingly, be delivered as digital downloads.

Doh... so assuming Sony (or the like) delivers me a rootkit (which is a software, thus harmful "good") when I buy an music album online, then where I'm standing?

Anyway, is it software a "good"? Yes, I pay for it. No, I don't own it (I have only a license to use it and the use of it may be quite limited in non-OSS cases)

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