Is Section 6254.9 of the California Code of Civil Procedure ambiguous in its definition of computer software?

California, United States of America


The following excerpt is from Sierra Club v. Superior Court of Orange County, G044138, Super. Ct. No. 30-2009-00121878-CU-WM-CJC (Cal. App. 2011):

Section 6254.9's language is susceptible to both parties' interpretations, i.e., a "computer mapping system" might or might not include data along with the associated computer program. We must focus on the ambiguous phrase "computer mapping system," not the standard dictionary meaning of "computer software," because section 6254.9 contains its own definition of computer software. "'When a legislature defines the language it uses, its definition is binding upon the court even though the definition does not coincide with the ordinary meaning of the words. . . .'" (Cory v. Board of Administration (1997) 57 Cal.App.4th 1411, 1423-1424.)

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