Reply to post: Here, some related conceptual points...

UK Court of Appeal settles reseller's question: Is software a good?

JeffyPoooh
Pint

Here, some related conceptual points...

Definitions are easy. Everyone can give examples of "software", "hardware", "goods", and so on. But defining the precise *boundaries* of those classes is infinitely more difficult. Far too much muddled thinking caused by people not being cognizant of the important distinction between defining something versus being able to define its precise boundaries.

Spectrums and attempted bifurcation. Many parameters are to be found in a continuous spectrum. Attempting to break a spectrum into two sections (e.g. hardware vs software) can be difficult, especially if those involved haven't yet hoisted aboard the boundary definition issue described above.

Trifurcation can help with spectrums and fuzzy boundaries. Imagine how many wars would result if clothing only came in two sizes, SMALL or LARGE. The invention of MEDIUM has saved countless lives. Providing a middle option assists greatly. Avoid arbitrary bifurcation. Minimum three, to allow compromises to be agreed.

Boundaries are attractive. There is a great deal of profit to be found by placing new products precisely on the existing boundaries. E.g. Crossover vehicles. New paint colours that are precisely aimed into the gaps. CPUs chips with embedded microcode. Programmable hardware like FPGAs. Boundaries to market planners are like a bright light for moths. They're not trying to annoy, they're just filling gaps and combining approaches. Plan your regulations and definitions for inevitable boundary cases.

There's so much more. This margin is too small...

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