Classification of Software Contracts: Analysis of the European Union and the American Legal Systems

Abstract

We live in a time when the use of technology is simply a way of life. All ages and sexes have access to the software; younger audiences use gaming software and music software apps, while older audiences have access to much more software such as computer operating systems. The classification of software for contract purposes affects the choice of law, remedies, and defences that parties can exercise to an agreement. This paper seeks to provide a clear insight into how software contracts are classified in two different legislative regimes, the European Union and the United States of America, to add to the relatively scarce literature on the importance of classification of software for commercial contracting law.The paper concludes that emerging economies such as China have now entered the software arena, indicating a clear need to unify the current laws that regulate software contracts.

Keywords: Software Contract, Classification, European Union, United States of America.

DOI: 10.7176/JLPG/118-06

Publication date: February 28^th 2022