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What's in a name? Software, digital products, and the sale of goods

Hayward, Benjamin 2016, What's in a name? Software, digital products, and the sale of goods, Sydney law review, vol. 38, no. 4, pp. 441-462.

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Title What's in a name? Software, digital products, and the sale of goods
Author(s) Hayward, BenjaminORCID iD for Hayward, Benjamin orcid.org/0000-0001-7409-7966
Journal name Sydney law review
Volume number 38
Issue number 4
Start page 441
End page 462
Total pages 22
Publisher University of Sydney
Place of publication Sydney, N.S.W.
Publication date 2016-12
ISSN 0082-0512
Keyword(s) sale of goods
Australia
United Kingdom
New Zealand
goods
software
sales law
digital products
classification
Summary This article addresses how the advent of trade in computer software, and nowdigital products, has challenged the application of sales law and consumer law.It addresses the law of three jurisdictions: the United Kingdom (‘UK’),Australia and New Zealand. Often, applying the ‘goods’ criterion in theseregimes will be uncontroversial. Nevertheless, modern market conditions havecreated a need to move beyond the existing question of whether softwareconstitutes ‘goods’, and instead to ask how a range of different types of digitalproducts fit into sales law and consumer law regimes. Many legal systems havesettled the software-as-goods question. However, software is only one kind ofcommonly traded digital product. This article argues that other types of digitalproducts — including apps, firmware, digital music and electronic books —should be treated the same way as software by sales law and consumer lawregimes. Recent developments in UK consumer law are also analysed as aninnovative model for reform regarding party rights and obligations in the supplyof digital products.
Language eng
Field of Research 180105 Commercial and Contract Law
1801 Law
Socio Economic Objective 940405 Law Reform
HERDC Research category C1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2016, Sydney Law Review & Author
Persistent URL http://hdl.handle.net/10536/DRO/DU:30090231

Document type: Journal Article
Collections: Law
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Every reasonable effort has been made to ensure that permission has been obtained for items included in DRO. If you believe that your rights have been infringed by this repository, please contact drosupport@deakin.edu.au.