Ruth Atkins

Copyright, contract and the protection of computer programs

The extent to which permitted acts under copyright law can be varied by contractual arrangement and conversely, the manner in which proprietary interests can override contrary stipulations expressed in a contractual agreement, collectively display something of the complexity facing software creators and acquirers when defining the scope of their rights and responsibilities towards each other. This paper explores the true scope of the rights granted to software users under existing legislation and considers the measures which a software creator may legitimately advance in order to vary that position. In so doing it is suggested how possible tensions between copyright and contract principles can be resolved and how a successful and suitably transparent agreement between the parties can be promoted.

Koffman & Macdonald's Law of Contract

1. Introduction to the study of contract law 2. Formation of the contract 3. Certainty and completeness 4. Consideration 5. Promissory estoppel 6. Intention to create legal relations 7. Express and implied terms 8. Classification of terms 9. Exemption clauses 10. Exemption clauses and the Unfair Contract Terms Act 1977 11. Unfair Terms in Consumer Contract Regulations 1999 12. Mistake 13. Misrepresentation 14. Duress and undue influence 15. Illegality 16. Unconscionability and unfairness 17. Privity and third party rights 18. Performance and breach 19. The doctrine of frustration 20. Damages 21. Specific enforcement W1 Capacity W2 An outline of the law of restitution

Co-op Group v ICL: Loyalty scheme pays 'Dividend' for Supplier

The ruling of the High Court in Co-op Group v ICL confirms some basic principles of contract law within a computer system context, demonstrating the application of the law to computer technology and further strengthening the body of case law in this field. This article focuses upon two areas which are considered within the judgment: contract formation and the assessment of damages. From examining these areas it can be seen that despite the complex nature of computer system disputes, the courts are increasingly willing to tackle the difficulties posed in order to reach a fair decision for the parties concerned. This judgment rules in favour of the supplier demonstrating that in the absence of adhering to principles already well-established in contract law the courts will not allow IT customers to be afforded protection which would otherwise be unavailable to them.