The issue on appeal was whether the sale of a license to use software counts as a "sale of goods" under the UK's commercial regulations. The court ruled that it did not, as the software was given to the buyer electronically and not on a "tangible medium."
The court cited the Consumer Rights Act of 2015[text], which defines goods as "tangible moveable items." Therefore, intellectual property rules apply to the sale of the license instead.
Recent innovations in software raise new challenges for the judiciary. Earlier this month John Buckleton of New Zealand's Institute of Environmental Science and Research discussed [JURIST op-ed] the future of DNA software in the courtroom. Last April the European Court ruled [JURIST report] that the sale of software that makes piracy easier may violate copyright law. Last January the EPA claimed [JURIST report] Fiat Chrysler failed to disclose engine software that increased pollutants.
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