Law for Computing Students by Sampson J.

By Sampson J.

This loose textbook exhibits the reader the place within the IT-based company criminal difficulties tend to come up.

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A dentist who makes a set of false teeth draws on a great deal of professional skill, and must tailor the work closely to the individual client’s needs: but it is settled law that false teeth are goods, not a service. Conversely, when someone commissions a portrait from a painter what he gets is a purely physical object, a canvas covered with pigment: but portrait painting is treated by the law as a service rather than supply of goods. With software, one can argue either way. When a client commissions a bespoke one-off software system to meet a specialized need, the client is paying for programmers’ intellectual skill, not for the physical disc it is delivered on.

Rowland and Macdonald (pp. 18 In this case the causal link is clear, but what (Rowland and Macdonald ask) if the bugs had happened to work the other way, so that patients received too little radiation? Then, some of the patients would have died from cancers that could have been cured. Legally speaking, would there be a “causal link” between the software defects and the deaths – or only between the cancers and the deaths? 2 “Development risks” in the case of torts In one respect, our Consumer Protection Act explicitly differs from the corresponding laws in some other EU countries, although all were introduced to implement the same Directive.

Conversely, when someone commissions a portrait from a painter what he gets is a purely physical object, a canvas covered with pigment: but portrait painting is treated by the law as a service rather than supply of goods. With software, one can argue either way. When a client commissions a bespoke one-off software system to meet a specialized need, the client is paying for programmers’ intellectual skill, not for the physical disc it is delivered on. On the other hand, a standard off-the-shelf software package might seem more like goods, even though (if it is delivered online) nothing physical changes hands.

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