Re: So....
The judge referred to previous cases that had been decided on the basis of whether software was supplied on a physical media and said that distinction made no practical sense.
He also said:
For the purposes of my conclusion, I find it relevant that the legislature opted to create a sui generis obligation – the supply of digital content - rather than widening the meaning of "goods." The novel legislative solution demonstrates to my mind that this is clearly an area in which reform must come from the European legislature and/or the UK parliament and not via judicial interpretation.
In other words, parliament decided that "digital content" was something distinct from either goods or services and if they specifically want it to be one or the other then only they, not the courts, have the power to change the law accordingly.
Biting the hand that feeds IT
