Title

A call for judicial activism: Rapid technological developments and slow legal developments

Date of this Version

1-1-2011

Document Type

Journal Article

Publication Details

Citation only

Svantesson, D. J. (2011). A call for judicial activism: Rapid technological developments and slow legal developments. Alternative Law Journal, 36 (1), 33-35.

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2011 HERDC submission. FoR code: 180120

© Copyright Dan Jerker B. Svantesson, 2011

ISSN

1037-969X

Abstract

Extract:

In most regards, the recent judgment in Gammasonics Institute for Medical Research Pty Ltd v Comrad Medical Systems Pty Ltd [20 I 0] NSWSC 267 ('the Gammasonics case') is rather uninteresting. In fact, taken at face value, the only interesting aspect of the case is that it contains a discussion of one significant legal question: that is, under what circumstances can software be classed as 'goods'? That is no doubt an important question, not least as such a classification may determine whether a buyer of software is entitled to rely on the terms implied under the various state Sale of Goods Acts.

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This document has been peer reviewed.