What's in a name? Software, digital products, and the sale of goods

This article addresses how the advent of trade in computer software, and nowdigital products, has challenged the application of sales law and consumer law.It addresses the law of three jurisdictions: the United Kingdom (‘UK’),Australia and New Zealand. Often, applying the ‘goods’ criterion in theseregimes will be uncontroversial. Nevertheless, modern market conditions havecreated a need to move beyond the existing question of whether softwareconstitutes ‘goods’, and instead to ask how a range of different types of digitalproducts fit into sales law and consumer law regimes. Many legal systems havesettled the software-as-goods question. However, software is only one kind ofcommonly traded digital product. This article argues that other types of digitalproducts — including apps, firmware, digital music and electronic books —should be treated the same way as software by sales law and consumer lawregimes. Recent developments in UK consumer law are also analysed as aninnovative model for reform regarding party rights and obligations in the supplyof digital products.