Fandom

The IT Law Wiki

O'Connor v. Commonwealth

32,198pages on
this wiki
Add New Page
Talk0 Share

Ad blocker interference detected!


Wikia is a free-to-use site that makes money from advertising. We have a modified experience for viewers using ad blockers

Wikia is not accessible if you’ve made further modifications. Remove the custom ad blocker rule(s) and the page will load as expected.

Citation Edit

O'Connor v. Commonwealth, 16 Va. App. 416, 430 S.E.2d 567 (1993) (full-text).

Factual Background Edit

Defendant executed a contract with MicroSystems Technologies for the development of a computer software program. Upon execution of the contract, and in exchange for a copy of the contract and the attached specification, the defendant gave MicroSystems a check for $25,350 which was uncollectable. Defendant was convicted for obtaining computer software by false pretenses. Defendant appealed.

Appellate Court Proceedings Edit

Computer software is defined as:

[A] set of computer programs, procedures and associated documentation concerned with computer data or with the operation of a computer, computer program, or computer network.[1]

A computer program is defined as:

[A]n ordered set of data representing coded instructions or statements that, when executed by a computer, causes the computer to perform one or more computer operations.[2]

The documents received by the defendant were not a computer program because they could not be executed by a computer. Although the document described a computer program proposed to be created, they did not relate to a program in existence and were not documentation associated with a set of computer programs or procedures.

Thus, the Court held that specifications for a program to be developed were not "computer software," and reversed the judgment of the trial court.

References Edit

  1. Va. Code §18.2-152.2.
  2. Id.

Also on Fandom

Random Wiki