By the same authors

Goods with embedded software: Obligations under Section 12 of the Sale of Goods Act 1979

Research output: Contribution to journalArticle

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Goods with embedded software : Obligations under Section 12 of the Sale of Goods Act 1979. / Thomas, Sean.

In: International Review of Law, Computers and Technology, Vol. 26, No. 2-3, 01.11.2012, p. 165-183.

Research output: Contribution to journalArticle

Harvard

Thomas, S 2012, 'Goods with embedded software: Obligations under Section 12 of the Sale of Goods Act 1979', International Review of Law, Computers and Technology, vol. 26, no. 2-3, pp. 165-183. https://doi.org/10.1080/13600869.2012.698454

APA

Thomas, S. (2012). Goods with embedded software: Obligations under Section 12 of the Sale of Goods Act 1979. International Review of Law, Computers and Technology, 26(2-3), 165-183. https://doi.org/10.1080/13600869.2012.698454

Vancouver

Thomas S. Goods with embedded software: Obligations under Section 12 of the Sale of Goods Act 1979. International Review of Law, Computers and Technology. 2012 Nov 1;26(2-3):165-183. https://doi.org/10.1080/13600869.2012.698454

Author

Thomas, Sean. / Goods with embedded software : Obligations under Section 12 of the Sale of Goods Act 1979. In: International Review of Law, Computers and Technology. 2012 ; Vol. 26, No. 2-3. pp. 165-183.

Bibtex - Download

@article{b11f4c8fbbc4499ca4469864c7c5d423,
title = "Goods with embedded software: Obligations under Section 12 of the Sale of Goods Act 1979",
abstract = "The Sale of Goods Act 1979, section 12 imposes obligations on sellers. Sellers must have the right to sell the goods, and they impliedly warranty that the buyer will enjoy quiet possession. Actions by intellectual property rights holders can lead to liability for sellers for breach of the section 12 obligations. Recent technological change has brought about the development of goods that operate in conjunction with software. The extent of the relationship between goods and software varies, but the level of integration may be sufficient to consider the software 'embedded' within goods. To what extent can the holders of intellectual property rights in software extend their interest into goods with embedded software? Can a third-party sub-purchaser escape the reach of the intellectual property rights? A reform proposal is made that would enable sub-purchasers to avoid the problems of pre-existing intellectual property rights in goods with embedded software.",
keywords = "embedded software, intellectual property, sale of goods",
author = "Sean Thomas",
year = "2012",
month = "11",
day = "1",
doi = "10.1080/13600869.2012.698454",
language = "English",
volume = "26",
pages = "165--183",
journal = "International Review of Law, Computers and Technology",
issn = "1360-0869",
number = "2-3",

}

RIS (suitable for import to EndNote) - Download

TY - JOUR

T1 - Goods with embedded software

T2 - Obligations under Section 12 of the Sale of Goods Act 1979

AU - Thomas, Sean

PY - 2012/11/1

Y1 - 2012/11/1

N2 - The Sale of Goods Act 1979, section 12 imposes obligations on sellers. Sellers must have the right to sell the goods, and they impliedly warranty that the buyer will enjoy quiet possession. Actions by intellectual property rights holders can lead to liability for sellers for breach of the section 12 obligations. Recent technological change has brought about the development of goods that operate in conjunction with software. The extent of the relationship between goods and software varies, but the level of integration may be sufficient to consider the software 'embedded' within goods. To what extent can the holders of intellectual property rights in software extend their interest into goods with embedded software? Can a third-party sub-purchaser escape the reach of the intellectual property rights? A reform proposal is made that would enable sub-purchasers to avoid the problems of pre-existing intellectual property rights in goods with embedded software.

AB - The Sale of Goods Act 1979, section 12 imposes obligations on sellers. Sellers must have the right to sell the goods, and they impliedly warranty that the buyer will enjoy quiet possession. Actions by intellectual property rights holders can lead to liability for sellers for breach of the section 12 obligations. Recent technological change has brought about the development of goods that operate in conjunction with software. The extent of the relationship between goods and software varies, but the level of integration may be sufficient to consider the software 'embedded' within goods. To what extent can the holders of intellectual property rights in software extend their interest into goods with embedded software? Can a third-party sub-purchaser escape the reach of the intellectual property rights? A reform proposal is made that would enable sub-purchasers to avoid the problems of pre-existing intellectual property rights in goods with embedded software.

KW - embedded software

KW - intellectual property

KW - sale of goods

UR - http://www.scopus.com/inward/record.url?scp=84864915900&partnerID=8YFLogxK

U2 - 10.1080/13600869.2012.698454

DO - 10.1080/13600869.2012.698454

M3 - Article

VL - 26

SP - 165

EP - 183

JO - International Review of Law, Computers and Technology

JF - International Review of Law, Computers and Technology

SN - 1360-0869

IS - 2-3

ER -