© 2002 by Oxford University Press
Supply of Software: Copyright and Contract Issues
1 Department of Law, University of Wales, Aberystwyth. E-mail: diane.rowland{at}aber.ac.ukandrew.campbell{at}aber.ac.uk
This article provides an examination of some of the difficult legal issues, identified by the authors, which arise from the mass market supply of software. The use of licences has become the standard method of supply of software and this raises both contractual and copyright issues for both suppliers and users. The problems which arise under the law as it stands in the United Kingdom are examined first by considering the rules of the law of contract and their applicability to such supply methods as ‘shrink-wrap’, ‘click-wrap’ and shareware licences and secondly by an examination of the protection provided to the parties by the law of copyright. Throughout the article the authors consider the impact of the new legislation in the United States, the Uniform Computer Information Transactions Act, and question whether it provides guidance for policymakers in the United Kingdom. The authors conclude that there exist a number of areas of uncertainty and that there is a need for new legislation in the United Kingdom.