Tag Archives: Software

ECJ Top System ruling grants right to correct software errors

The European Court of Justice (ECJ) ruled on 6 October 2021 in Top System SA v. Belgian State (Case C‑13/20) EU:C:2021:811 that, under article 5(1) of the Software Directive (Council Directive 91/250/EEC) (the Directive), lawful purchasers of software are permitted to decompile programs (in whole or in part) in order to correct errors affecting the … Continue Reading

A supply of software can be a sale of goods

The High Court held, in The Software Incubator v Computer Associates [2016] EWHC 1587 (QB), that a supply of commoditised software is a sale of goods for the purposes of the Commercial Agents (Council Directive) Regulations 1993 (“Regulations”). Background Computer Associates UK Ltd (“CA”) entered into a non-exclusive agreement with The Software Incubator Limited (“TSI”). … Continue Reading

Don’t Forget About Your Affiliates and Customers as Technology License End Users

Your business may license many different types of software and technology in the ordinary course. These licenses range from software installed on your internal network to use-rights in software-as-a-services (SaaS) models, where the programs reside on the vendor’s host systems and are accessed via the Internet (or in some other manner). In each case, you are … Continue Reading

Indonesia publishes data protection rule aimed at government agencies

On 14 July 2015, the Indonesian government published the Draft Regulation of the Minister of Communication and Information (RPM) of the Protection of Personal Data in Electronic Systems (‘Draft Regulation’). Pursuant to Article 7(2) of Government Regulation No. 82 of 2012 and currently only available in Indonesian, the Draft Regulation addresses the protection of personal … Continue Reading
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