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In AU, Court Rules Downloaded Software Is Not "Goods"
bennyboy64 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 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."
I suppose that means that they can't be taxed as goods then?
It's not a good, it's a service. Like a song played over the radio isn't a good, it's a service, while a song bought on a CD is a good. The judge recognized that his ruling could lead to injustice, and called on parliament to change the law to reflect the changes in the definition of 'goods' that the digital revolution has brought about.
- None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
I believe downloads do not meet the legal definition of 'goods' under AU law and therefore, would be considered a service. The judge felt compelled by the letter of the law to render the decision he did, even saying it would lead to injustice, and calling on parliament to change the law to reflect the changing definition of 'goods.'
It's amazing what one can learn by actually reading the articles. It is not, despite what most Slashdotters seem to think, a complete waste of time that only serves to keep one from achieving a first post.
- None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
Australia wasn't founded by criminals. It was founded by wardens.