Is Computer Software “Goods” Or “Services”?
From 1 January 2011, computer software has been classified as goods under the Australian Consumer Law (see the definition of “goods” in section 2 of the ACL).
This legislated change will have implications for software developers who have relied on the popular notion that delivery of software is usually a supply of services.
For software developers, this classification of software as goods has a number of important legal ramifications. For instance, software developers need to understand that there are different consumer guarantees that apply to supplies of goods, versus those that apply to the supply of services.
Whether you are a software developer supplying software over the counter, through a clickwrap agreement, via a software-as-a-service model or other arrangements, it is prudent for software developers to have their customer agreements legally vetted for consideration in light of the new Australian laws.
Technology and telecommunications providers face a unique set of legal obstacles. Our Sydney IT lawyers have experience in information technology, telecommunications, internet & intellectual property law, servicing clients in Sydney and around Australia. We live and breath technology, and make it our mission to maintain currency of knowledge both in law and technology.
We have significant experience in the drafting and negotiation of technology related legal contracts such as software licences, support and maintenance agreements and technology services agreements with both private sector and government organisations.
Our contracts are tailored to our clients’ specific requirements by an experienced Technology Lawyer and we strive to provide high quality services at cost effective rates.
Please contact me if I can assist with the preparation of a legally binding written contract.
Disclaimer: This blog is for general informational purposes only. It is not legal advice nor is it a substitute for legal advice. Readers should seek legal advice on their own particular circumstances. Alan Arnott is a technology & telecommunications lawyer with qualifications in computer science and law with Arnotts Lawyers Jones Bay Wharf in Sydney. For more information, please visit www.arnotts.net.au.
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