Oliver Segal QC was successful for the commercial agent client ‘The Software Incubator Limited (TSIL)’ in its case against Computer Associates.
After an adverse judgment in the Court of Appeal, TSIL appeared before the UK Supreme Court in 2019. The CJEU has determined that “The concept of ‘sale of goods’ in the Commercial Agents’ Directive – and thus the UK Commercial Agents Regulations 1993 – must be interpreted as meaning that it can cover the supply, in return for payment of a fee, of computer software to a customer by electronic means where that supply is accompanied by the grant of a perpetual licence to use that software”.
This judgment is important not just in the field of commercial agency, but more generally in relation to legislation deriving from EU Treaty provisions or Directives concerning the sale of goods, and brings into the 21st century the law in that context relating to software products that are purchased by download.
Oliver was instructed by Stephen Sidkin (Partner) from Fox Williams.
To view the judgment, click here.
