Software

Software

Software can be broadly defined as a set of instructions, data or programs which, in combination with the underlying hardware and inputs from an end user, allow or cause a computer to execute specific tasks. It encompasses a wide range of categories. For example, operating systems (such as Microsoft Windows or Google’s ChromeOS) control and manage a computer’s basic functions. At the other end of the scale are applications which sit on top of the computer’s operating system and provide a particular, visible function to the end user of the machine. Examples of applications range from word processors to media players to games. Increasingly, delivery is through software as a service (SaaS), where applications are hosted on the supplier’s infrastructure and accessed by customers over the Internet.

This subtopic includes guidance, precedents and checklists relating to the licensing, development, distribution of and other commercial dealings involving software.

Licensing

A software licence is an agreement that grants a customer the right to use a defined piece of software subject to contractual restrictions. It differs from an assignment, which transfers the intellectual property rights in the software (typically copyright in the source

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest TMT News

Ofcom consults on draft guidance for deceased child user duties under Online Safety Act

Ofcom has published draft guidance for consultation on how online service providers should comply with deceased child user duties under section 75 of the Online Safety Act 2023. The consultation aims to help providers understand their obligations when bereaved parents request information about their deceased child's use of online services. The guidance proposes requirements for clear disclosure policies, timely responses and sensitive treatment of bereaved parents. Ofcom has also updated its Online Safety Information Powers Guidance to include Data Preservation Notices and Coroner Information Notices provisions. The consultation ends on 23 March 2026.

Zalando loses its challenge against EU DSA VLOP designation

TMT analysis: On 3 September 2025, the General Court of the European Union delivered the first major judicial interpretation of Regulation (EU) 2022/2065, the EU Digital Services Act (EU DSA) in its dismissal of Zalando’s challenge against its designation as a ‘very large online platform’ (VLOP) under the EU DSA. Zalando’s argument had focussed on the fact that its e-commerce platform is a hybrid service, via which the Berlin-based fashion retailer sells its own products (not an activity regulated by the EU DSA), as well as allowing third-party partners to market products (an activity that is in-scope of the EU DSA). Zalando argued that this means that users who use the platform only to buy directly from Zalando, and not to engage with listings by third-party partners, should not be counted when assessing whether the platform meets the EU DSA’s user number threshold to qualify as a VLOP. This case has captured widespread attention, not only due to its impact on Zalando but also because the decision affects how all in-scope hybrid platform providers should count, and report on, their user numbers, and how likely such providers are to qualify as VLOPs. Written by Catherine O’Callaghan of Slaughter and May.

DSIT announces partnership with Google DeepMind for AI research and public services

The Department for Science, Innovation and Technology (DSIT) has announced a new partnership with Google DeepMind to advance the development of AI technologies for use in public services, education and scientific research. Under the voluntary, non-binding memorandum, Google DeepMind will establish its first automated research lab in the UK, expected to open in 2026, which will focus on superconductor materials research using AI and robotics integrated with Gemini technology. The partnership may also enable the creation of a ‘Gemini for Government’ platform to automate routine civil service tasks, as well as an education-focused version of Gemini aligned with the national curriculum and tested for safe deployment. UK scientists will receive priority access to Google DeepMind’s AI models, including the AlphaGenome and AlphaFold tools. The agreement builds on DeepMind’s existing partnership with the UK’s AI Security Institute and supports the government’s £137m AI for Science Strategy.

TMT weekly highlights—11 December 2025

Welcome to this week’s edition of the TMT weekly highlights: a hand-picked summary of news analysis, updates and new content from across the technology, media and telecoms sectors. These highlights focus on key topics including new technologies, software, cloud computing, internet, outsourcing, music, film & television, publishing, defamation and telecoms.