An order issued on July 31, 2012 by the United States District Court for the Northern District of California in Gross v. Symantec Corporation found that the California Uniform Commercial Code applicable “sales” of “goods” does govern, despite the fact that the plaintiff downloaded the licensed software in question from the Internet. See 3:12-cv-00154-CRB; Document # 49 at Page 15 of 23. The potential implications for both licensees and licensors are significant, given that the U.C.C. could affect contract formation (including the “battle of the forms”), as well as warranties, disclaimers, remedies, and other issues often in contention between software vendors and purchasers.
Should you have any questions, please contact Spencer Goodson at 317.977.1416 or sgoodson@wp.hallrender.com.
