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Leading Internet Case Law

SOFTWARE: Court of Appeal rules that software downloads do not constitute a ‘sale of goods’

Computer Associates UK Ltd v. The Software Incubator Ltd, Court of Appeal, [2018] EWCA Civ 518, 19 March 2018

The Court of Appeal has held that the supply of software in the form of a download is not a ‘sale of goods’ for the purposes of the Commercial Agents (Council Directive) Regulations 1993. The Court’s ruling specifically found that commercial agents who sell software that is downloaded rather than supplied on a tangible medium are not entitled to compensation under UK law if the contractual relationship ends.

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