>On Mon, Aug 06, 2001 at 01:53:31PM +1000, Roger Clarke wrote:
>> At:
>> http://www.austlii.edu.au/au/legis/cth/num_act/tpa1974149/s4.html#goods
>> ""goods" includes ... (d) gas and electricity"
>>
>> But since one intangible (electricity) is expressly *in*cluded, the
>> courts would presumably infer that other intangible things (such
>> as data and software) are intended by Parliament to be *ex*cluded,
>> because if they were to be within-scope then they should have been
>> listed there.
>Three expressions of doubt about the description of software as 'intangible'.
The term 'intangible' as a generic for such things as "good will" and
"reputation" (not to mention establishment costs) is an accounting
usage, with some meaning in commercial law. I didn't intend it in
that technical sense, sorry.
Try 'non-material' maybe.
I was looking for a generic that could be juxtaposed against
chattels. Do you *really* want to resort to those splendid terms
'choses in action' cf. 'choses in possession'?? See:
http://www.anu.edu.au/people/Roger.Clarke/EC/ETCU.html#IPG
Brendan Scott or someone similar, could you possibly sort this out for us?
-- Roger Clarke http://www.anu.edu.au/people/Roger.Clarke/Xamax Consultancy Pty Ltd, 78 Sidaway St, Chapman ACT 2611 AUSTRALIA Tel: +61 2 6288 1472, and 6288 6916 mailto:Roger.Clarke@xamax.com.au http://www.xamax.com.au/
Visiting Fellow Department of Computer Science The Australian National University Canberra ACT 0200 AUSTRALIA Information Sciences Building Room 211 Tel: +61 2 6125 3666
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