Software Disputes - What you need to know

Software disputes are a growing problem in the UK. As the use of software and technology becomes more widespread, so too does the potential for disputes.

A software dispute refers to a disagreement or conflict that arises between parties involved in the development, distribution, licensing, or use of software. These disputes can occur due to various reasons and can include individuals, businesses, or organisations.

Software disputes typically revolve around issues related to the performance, functionality, ownership, licensing, or contractual obligations associated with software. Some common examples of software disputes can include non-performance claims, breach of contract, intellectual property infringement, licensing disagreements, data breaches and security, ownership and source code disputes, and regulatory compliance disputes.

Software disputes can be complex and costly to resolve. In some cases, the parties can resolve the dispute through negotiation or mediation. In other cases, the parties may need to resort to litigation.

Seeking legal advice from professionals specialising in software law is essential to navigate through these disputes effectively.

Types of software disputes

There are many different types of software disputes that can arise. Some of the most common types include:

• Contractual disputes. These disputes arise when one party to a software contract believes that the other party has breached the terms of the agreement. For example, a software vendor may allege that a customer has failed to pay for software that was delivered, or a customer may allege that a software vendor has failed to provide support for software that was purchased.
• Intellectual property disputes. These disputes arise when one party believes that another party has infringed its intellectual property rights in software. For example, a software developer may allege that another developer has copied its code, or a software publisher may allege that a retailer has sold counterfeit copies of its software.
• Software development disputes. These disputes arise when there is a disagreement between the parties involved in the development of software. For example, a software developer may allege that a client has changed the scope of a project after the project has started, or a software contractor may allege that a client has failed to provide the necessary information to complete the project.
• Licensing disputes. These disputes arise when there is a disagreement over the terms of a software license agreement. For example, a licensee may allege that a licensor has not provided the necessary software updates, or a licensor may allege that a licensee has not paid the required licensing fees.
• Bug disputes. Bug disputes arise when there is a disagreement over whether a software bug exists and whether the bug is the responsibility of the software developer. For example, a customer may allege that a software bug has caused a loss of data, or a software developer may allege that a customer is not using the software properly and that the bug is not the developer’s fault.
• Performance disputes. These arise when there is a disagreement over whether the software is performing as expected. For example, a customer may allege that a software application is not meeting its performance requirements, or a software vendor may allege that a customer is not using the software in accordance with the vendor’s instructions.

How can software disputes be resolved?

There are a number of ways that software disputes can be resolved. Some of the most common methods include:

• Negotiation. This is the process of the parties involved in the dispute discussing the issue in the early stages and trying to reach an agreement. Negotiation can be a good option for resolving software disputes because it is relatively informal and can be done quickly. However, negotiation can be difficult if the parties are not willing to compromise.
• Mediation. Mediation is in which a neutral third party, called a mediator, helps the parties involved in the dispute reach an agreement. Mediation can be a good option for resolving software disputes because it can help the parties to communicate better and to understand each other’s positions. Mediation is also a lot more cost effective than progressing to litigation and arbitration.
• Arbitration. This process involves a neutral third party, called an arbitrator, hears the arguments of the parties involved in the dispute and makes a decision that is binding on the parties. Arbitration can be a good option for resolving software disputes because it is a more formal process than negotiation or mediation. However, arbitration can be more expensive than other methods of dispute resolution.
• Litigation. This is the process of filing a lawsuit in court and having a judge or jury decide the outcome of the dispute. Litigation can be a good option for resolving software disputes if the parties are unable to reach an agreement through other methods. However, litigation can be expensive and time-consuming. Disputes can be heard at various courts, including the high court for multi-million pound software disputes.

The best way to resolve a software dispute will depend on the specific circumstances involved. If you are involved in a software dispute, then Expert Commercial Law can put you in touch with an experienced legal team who have knowledge and expertise in working with technology companies and clients to come to resolutions over software disputes.

How can Expert Commercial Law assist?

If you are seeking legal advice regarding a software dispute, then our team at Expert Commercial Law are happy to assist. We work with a range of experienced law firms across the country to provide our clients with the most appropriate legal professional for their case.

We ensure that the software dispute solicitors on our panel have the skills and experience required to assist in your legal case.

Each solicitor we work with is authorised and regulated by the Solicitors Regulation Authority (SRA). Our solicitors can also help with a number of other commercial claims, such as partnership disputes, breach of contract and CCJ removal.

Get in touch today using the form at the top of the page to find out if a software dispute solicitor from our panel could help with your case.