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Dec 29
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VIENNA CONVENTION ON THE INTERNATIONAL SALE OF GOODS IN THE “[DIGITAL] WONDERLAND”: ON SOME ISSUES OF THE SUBJECT SPHERE OF APPLICATION

Jovan Vujičić

10.55836/PiP_25404A
ABSTRACT /

The paper explains the nature (essence) of digital content and the various ways in which it is traded in order to determine whether they really represent a “wonderland” for the Vienna Convention on the International Sale of Goods or simply a somewhat “distorted reflection” of the familiar environment. It was concluded that, although it was prepared and finally concluded at a relatively early stage of the development of digital technology, the adopted terms and provisions do not exclude the possibility of its application to later achievements of the technological (r)evolution. Th e absence of a definition of goods proved to be favorable for the development of a dynamic notion. In addition to traditional goods, in the sense of things that are indisputably tangible and movable at the time of delivery, it also covers computer programs (and other digital content), regardless of whether they are standard or tailored to the specific needs of a particular user, and how they are delivered (for example, on a disk or electronically, via the Internet), as well as “raw” digital data. It was also pointed out that when determining the legal nature of the contract on the basis of which the delivery is made, a general conclusion should not be drawn, but each case should be examined individually.

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