Following the landmark decision in Software Incubator, software agents are now entitled to statutory protection under the Commercial Agents Regulations, writes Stephen Sidkin
Can 'software' be 'goods'? Even if it can be, if software is licensed, does the grant of a licence amount to the sale of goods? The answer to these questions 'in the modern world' lay at the heart of the recent judgment in The Software Incubator Limited v Computer Associates Limited  EWHC 1587 (QB), given that regulation 2(1) of the Commercial Agents (Council Directive) Regulations 1993 (as amended) defines a common agent by reference to the 'sale or purchase of goods'.
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