- Court of Justice confirms downloaded software with perpetual licence is ‘sale’ of ‘goods’ under the Commercial Agents Directive (The Software Incubator Ltd v Computer Associates UK Ltd)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
TMT analysis: The Court of Justice has ruled that the electronic supply of computer software, licensed for an unlimited period in return for payment of a fee, constitutes a ‘sale’ of ‘goods’ within the meaning of the Commercial Agents Directive. This ruling relates to a referral from the Supreme Court in respect of an appeal against the Court of Appeal’s decision in Computer Associates UK Ltd v Software Incubator Ltd, which had determined that the electronic supply of software did not fall within the definition of a sale of goods for the purposes of the Commercial Agents (Council Directive) Regulations 1993 (the Commercial Agents Regulations).
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