Page:Australian Competition and Consumer Commission v Valve Corporation (No 3).pdf/9

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REASONS FOR JUDGMENT

Introduction [1]
The witness [10]
Valve's provision of video games to consumers [13]
The process of installing Steam and purchasing a video game [13]
The Steam games [24]
The operation of the Steam servers [29]
Valve's SSAs and Refund Policies [39]
Sections 18(1) and 29(1)(m) of the Australian Consumer Law [42]
The terms of ss 18(1) and 29(1)(m) [42]
The dependency of the representations upon s 54 [44]
The integers of ss 18(1) and 29(1)(m) [51]
(1) Issue 1: The proper law of Division 1, Part 3-2 (Chapter 3) of the Australian Consumer Law [54]
The terms of s 67 [54]
The meaning of the "proper law of a contract" [57]
The law which has the closest and most real connection to the SSA is Washington State [72]
Section 67(b) prevents Valve relying upon Washington State law [85]
Reasons why s 67 does not limit Division 1 of the Australian Consumer Law [90]
(i) The text of s 67 is contrary to Valve's submission [91]
(ii) The context of s 67 is contrary to Valve's submission [101]
(iii) The history and purpose of s 67 is contrary to Valves submission [107]
(iv) The policy of the Australian Consumer Law is contrary to Valve's submission [116]
Conclusion on the first issue [125]
(2) Issue 2: Whether there was a "supply of goods" [126]
The proper approach to the definitions of goods and services [127]
The application of the definitions [135]
(3) Issue 3: Whether Valve's conduct was in Australia or whether Valve carries on business in Australia [158]