Computer Software: Should the U.N. Convention on Contracts for the International Sale of Goods Apply? A Contextual Approach to the Question, 11 Computer L.J. 197 (1991)

Authors

L. Scott Primak

Abstract

This Article is organized along the following lines. Part I is a general discussion of the Convention. It includes a factual background, a discussion of principle provisions of the Convention, a description of the temporal and geographical spheres of application of the Convention. Part one also suggests the use of available tools for uniform application; and brings the topic of dissemination of interpretation of the Convention up to date. Although article 7 of the Convention generally states an approach to interpretation, further elucidation is necessary to ensure uniformity of application. Accordingly, Part II discusses the various approaches to treaty interpretation and concludes that the New Haven School approach is best suited to carry out the mandate of article 7. Using this selected approach to treaty interpretation, Part III applies the Convention to the question of whether software should be construed as a "good" and whether a license of software should be treated as the equivalent of a "sale." As an additional element of special significance, Part IV addresses the 1992 Unification of Europe through SEA and articles 85 and 86 of the Treaty of Rome. The purpose here is to develop what may be the overriding community goals of the European Economic Community (EEC) as called for by the New Haven School approach. The focus of this paper is on the Convention. However, the Convention has never been interpreted. United States Supreme Court decisions on treaty interpretation are not very helpful in light of article 7 of the Convention, which, as ratified by Congress, is the law of the land.

Recommended Citation

L. Scott Primak, Computer Software: Should the U.N. Convention on Contracts for the International Sale of Goods Apply? A Contextual Approach to the Question, 11 Computer L.J. 197 (1991)