Business_Law_Ip_1

UCC and UCIC 1 UCC and UCIC David S Myers Unit 4 IP Business 255-100A-2 Professor Bassey American Intercontinental University Online Jan 31, 2010 UCC and UCITA 2 This report will be discussing the UCC and UCITA, and the following 4 questions will be answered. UCC and UCCITA 2 1. Before the UCC and the UCITA, what was one of the first, and most significant, of the U.S. government's attempts to promote uniformity in commercial laws from state to state' (Hint: think of "commerce" and Constitution). Answer: According to the Uniform Computer Information Transaction Act is a proposed law that will govern all contracts for the development, sale, licensing, support and maintenance of computer software and for many other contracts involving information. (guide, 1997-2000) The most significant attempt to promote uniformity in commercial laws from state to state was the “Commerce Clause”, which is found in article 1 section 8 of the U. S. Constitution. The two key factors in section 8 are; “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes” and “To establish a uniform Rule of Naturalization and uniform Laws on the subject of Bankruptcies throughout the United States”. 2. Based on the information presented above, what do you see as the major differences between Article 2 of the Uniform Commercial Code and UCITA' Answer: The UCC Article 2 is governs contracts to facilitate the sale, shipment and delivery of tangible goods, i.e., movable personal property in the USA 3. What is the legal distinction between selling a product and licensing it' Answer: The UCITA is intended to facilitate the "licensing" of intangible computer-related intellectual property, with an emphasis on permitting owners of software the ability to maintain control over their intellectual property forever. In an ordinary sale, software, despite the presence of a "shrinkwrap" licensing contract, is considered the property of the buyer, after the transaction takes place, and the buyer is free to essentially ignore any portion of the agreement that prevents the buyer from exercising control over the software, including the right of resale.  A sale is a complete and final transfer from a seller to a buyer, of all right, title and interest in and to the property identified in the contract. A license is the right to use the UCC and UCCITA 2 property of another under certain agreed-upon terms and conditions. 4. Many of the provisions in the UCITA were first proposed as a modification to Article 2 of the UCC. Why do you think the drafters decided to propose it as a separate and distinct uniform act'   Answer: The UCITA is extremely controversial. It stands hundreds of years of contract law "on its head." The UCITA interferes with the U.S. Copyright Act by effectively limiting what is known as the "First Sale Doctrine," which permits a purchaser of a copy of the creative work of another, the right to resell that copy. To this extent, the UCITA may be unconstitutional. guide, B. S. (1997-2000). Bad Software. Retrieved 01 31, 2010, from Bad Software: http://www.badsoftware.com/uccindex.htm Kraner, C. (2001). UCITA and Proposed Revision to UCC Article 2. Retrieved 01 31, 10, from UCITA and Proposed Revision to UCC Article 2: http://www.kaner.com/pdfs/UCITAatUL.pd Reference: