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Software Can Be a “Good” under the California UCC

Sale of a software license constituted sale of a “good” for purposes of applying the California UCC.  Gross v. Symantec Corp., No. C 12-00154 CRB (N.D. Cal. July 31, 2012).  A putative class action plaintiff sued Symantec, alleging that a free trial for its software “was essentially a scam, and that the software does not […]

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A Problem With a Hybrid Contract for Software and Services

Is it a good idea for vendors and customers to enter into a global agreement covering the provision of software, hardware, and software development services?  Perhaps not, if one considers the recent decision of the Appellate Court of Illinois in Bruel & Kjaer v. The Village of Bensenville, No. 2-11-0500 (April 26, 2012).  There, the […]

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