This chapter discusses five issues: the availability of patent protection for computer hardware and for computer software (computer programs); copyright in computer software; databases and the sui generis right; the Internet; and semiconductor chip protection.
Chapter
30. Computer technology and intellectual property
Chapter
24. Contractual issues
Any product can have defects – or at least fail to meet the expectations of a purchaser. A range of statutory provisions confer rights on a party acquiring goods if these are not of satisfactory quality. Software and what is referred to as “digital content” is covered by these provisions although their application gives rise to a number of difficulties. Unlike most physical products where defects will be found in one or a small number of the items, every digital work will be an exact copy of the original. If one product is considered faulty, the same fate may await all of the others. In most instances software is licenced rather than sold. It is commonplace for a licence to seek to restrict or exclude liabilities that might otherwise arise. The question may then be whether the terms of the licence are enforceable. In many instances they may be brought to the customer’s attention after the contract for supply has been concluded. The use of “click-wrap” licences where a user has to click on a box indication acceptance of contractual terms prior to using the software may assist but questions of time will again be very significant.
Chapter
9. The contract of sale and the classification of transactions
This chapter discusses the contract of sale and the classification of transactions. It highlights the importance of understanding the differences between the different types of supply contracts. Different arrangements of ownership and possession of goods may offer the parties a range of advantages and their popularity may vary from time to time according to changes in several factors like commercial practice and economic circumstances. The Consumer Rights Act 2015 (CRA) provides a distinct legislative regime for consumer protection that ranges around sales and other supply contracts. The chapter then details how different transactions are classified, which includes hire purchase, conditional sale, and computer software.
