초록 close

Today, computer software is one of the important foundations for the information industry. Software has been being delivered via the Internet, mass-produced and delivered on a disk, or custom designed for a particular party, with which both national and international legal community face new software challenges, including the problem that computer software cannot easily be categorized as goods or services. So, the legal community struggles how to fit software into the existing legal structures. Various domestic laws are not treating electronic software consistently. Depending on the jurisdiction, the same software is treated as the sale of goods, or the providing of services. In international ground, this results in the question whether the 1980 United Nations Convention on Contracts for the International Sale of Goods ("CISG") can apply to international software transactions. The issue herewith concerns: (i) whether software can be regarded as the "goods" under the