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Nov 5, 2016 at 21:56 comment added jimsug @Rhymoid while that may be true in some cases, it is definitely not always the case. Courts will look at the "heart" or the nature of the agreement, and have variously found that software is and isn't a good - it really depends on the facts, so you can't make this claim without qualifying it. Two such examples: A good - not a good
Nov 5, 2016 at 21:24 comment added Rhymoid Software itself is not tangible property, and is therefore not a good.
Sep 17, 2016 at 7:18 comment added jimsug @PhilippeOmbredanne ... that's fine, but I don't assert that in my answer. I added information in response to the above comments.
Sep 15, 2016 at 13:27 comment added Philippe Ombredanne @jimsug open source software is not really a gift IMHO as there is no active "giving" on the part of the author. The software is just made available for free under an open source license.
Jul 28, 2015 at 23:48 history edited jimsug CC BY-SA 3.0
gifts are covered under ACL
Jul 28, 2015 at 23:41 history edited Dale M CC BY-SA 3.0
Expanded Australian section with additional information
Jul 28, 2015 at 18:42 vote accept Martijn
Jul 28, 2015 at 12:04 history edited jimsug CC BY-SA 3.0
finished writing my answer and added definition to body of answer
Jul 28, 2015 at 11:00 comment added jimsug @Martijn I've added some information about gifts.
Jul 28, 2015 at 10:46 history edited jimsug CC BY-SA 3.0
added some case law
Jul 28, 2015 at 10:01 comment added Martijn Do I understand correctly that 2-314 and 2-315 don't count for software that is given away for free, and not sold, as is often (but not always!) the case?
Jul 28, 2015 at 9:48 history answered jimsug CC BY-SA 3.0