From: B Stafford
Date: 9/23/98
Time: 11:17:02 PM
Remote Name: 210.8.224.3
Software that disappoints is a problem especially when released before all the bugs are removed. I cannot see how software can be "goods" however. In any event usually you buy a licence to use the software which puts it beyond being a purchase of goods. Consumers are satisfactorily protected under the Trade Practices Act or the Fair Trading Act (Vic) in particular. A software licence would I think fall under the definition of "services". In any event these concepts don't matter when looking at misleading or deceptive conduct.
In short a software vendor cannot sell defective software (or a licence for it) with impunity - and nor should they. Of course the consumer has to be pro-active in the pursuit of the remedy!
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