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ARTICLE · 21 OCTOBER 2014

CASL 2.0: The Computer Program Provisions (Part 2)

In Part 1 we looked at some basic concepts. In Part 2, we look at "enhanced disclosure" requirements.

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In Part 1 we looked at some basic concepts. In Part 2, we look at "enhanced disclosure" requirements.

If the computer program that is to be installed performs one or more of the functions listed below, the person who seeks express consent must disclose additional information. This disclosure must be made "clearly and prominently, and separately and apart from the licence agreement". In this additional or enhanced disclosure, the software vendor must describe the program's "material elements" including the nature and purpose of the program, and the impact on the user's computer system. A software vendor must bring this info to the attention of the user. This applies if you, as the software vendor, want to install a program that does any of the following things, and causes the computer system to operate in a manner that "is contrary to the reasonable expectations of the owner". (You have to guess at the reasonable expectations of the user.) These are the functions

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