ICT Assignment Example | Topics and Well Written Essays - 2500 words

ICT - Assignment Example The cases related to sell of software is controlled by the Copyright, Designs and Patents Act 1988. Furthermore, law of digital contracts is evolving worldwide at a significant pace. It can be stated that contract law or law in general is not static. Instead, laws are often quite dynamic that involve in responding to new occurrence and innovation (Schwanzer, 2007). Based on the above mentioned statement, this report intends to discuss whether software is to be classified as goods or services by taking into concern the notion of contract law along with its various implications. Discussion Specially mentioning, consumers engaged in buying software are not generally entitled to enjoy the same rights as in the case of purchasing tangible products. In this regard, it can be stated that software is a term, which is often used to describe the collection of instruction and data that facilitate computers to function in an effective manner. Evidently, computers are redundant without proper app lication of software. This implies that computers are unable to perform tasks in an effective manner without the installation of software. From the legal perspective, software is notable for two major reasons. The first major reason can be related with its unique characteristics, revealing that software is not similar to any conventional law. The second major reason can be noted as that despite the widespread use of software in the modern commercial arena, it does not have any distinct legal entity. Correspondingly, there is no specific manner through which legal treatment should be implemented to resolve software related disputes. Thus, this uncertainty largely raises a question, whether software should be considered or to be classified as goods or services (Green & Saidov, 2007). The lack of precision, surrounding the legal principle of software can be regarded as both commercially inconvenient and conceptually arbitrary. The buyers of software often possess the similar expectatio n of rights, while purchasing other items that are recognized under the law. However, in the recent time, the refusal to consider software as goods or services can be identified as the failure of law to protect the expectation and the interest of the buyers of software. Correspondingly, the two product related aspects i.e. â€Å"tangibility† and â€Å"movability’ determine the characteristics of software (Green & Saidov, 2007). In this similar context, â€Å"tangibility† is commonly defined as possessing a physical form or being able to be perceived by senses. It can be argued that this notion acted as the stumbling block towards considering software as goods. The relevancy of â€Å"tangibility† for adjudging software as a good can be ascertained owing to the reason that most of the legal system defines the sales of contract as a sort of agreement, which is associated with the transfer of property in goods in exchange of money, denoted as price. Conseque ntly, such transfer generally requires transfer of possession (Green & Saidov, 2007). However, in the case of possession of intangible service, both civil and common law signifies that possession of intangible is not possible and also cannot be owned. However, software can be acquired and possessed, making it tangible. Similarly, the aspect of â€Å"