Christopher Rottner’s computer began malfunctioning – its performance decreased, and the Internet speed was sluggish. Searching for a solution, he found a free trial of PC TuneUp online from AVG. AVG claimed that the software would boost Internet speed, eliminate freezing and crashing, optimize disk space and speeds, extend battery life, protect privacy, monitor hard drive health, and restore the PC to its pe3ak performance. Rottner was sold, the trial version of PC TuneUp reportedly diagnosed and fixed what it called “critical errors” but advised him to perform weekly PC TuneUp scans of his computer. So Rottner purchased and installed the full version of the software. But it never worked. A computer forensics expert found that the trial version of PC TuneUp was programmed to consistently report multiple PC problems and exaggerate the number and severity of errors found. The cure was always the same: Purchase the full version of PC TuneUp. Rottner sued AVG for breach of warranty under the UCC. AVG moved to dismiss, arguing that the UCC did not apply to software.

Questions:

1. Did the UCC apply to software?

2. What law applies to the sale of goods?

3. What law applies to the provision of services?

4. Did the software perform as represented?

5. After Rottner filed suit under the UCC, what legal action did AVG take?

6. Why was Rottner suing under the UCC?

7. Why did he contend it was a good and not a service?

8. What did a computer forensics expert find about the trial version of PC TuneUp?

9. AVG relied on two Delaware cases, Neilson and Wharton. Did the judge hold that they applied to the case? Why or why not? 

10. How did the Neilson and Whartoncases differ from Rottner’s case? 

11. What did the judge find regarding the software?

12. Did the judge find that the UCC applied?