When is software a good?

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19 August 2010

The New South Wales Supreme Court has recently clarified that software purchased and downloaded from the internet will not attract any implied warranties under the Sale of Goods Act 1923 (NSW).

Curiously, it may seem that more caution must be taken by consumers and businesses when purchasing and downloading software online than when purchasing software in a tangible form. Accordingly, until parliament decides to tackle this anomaly and remove distinctions between the supply of what is essentially the same product delivered through different means, those purchasing software online by way of a digital download will need to ensure that they are adequately protected through online agreement terms and conditions.

 


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