Business_Ucc_or_Ucita

UCC OR UCITA WHO IS RIGHT Billy Mingo American InterContinial University Abstract This Executive Summary is offered as a review of the UCC and UCITA. This will help you to see the difference between the two articles of commerce transactions. Will also inform you how the commerce act was started and by who and when. You will also see what is the difference between selling a product and licensing out a product as well. UCC OR UCITA WHO IS RIGHT 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' The U.S. Constitution written and sign in 1787, included Article 1 Section 8. In this section of the constitution, the government first tried to promote uniformity in commercial laws from state to state. This section states, among other things, that “congress shall have power to regulate commerce with foreign nations, and among the several states, and with the Indian tribes. http://www.house.gov/house/constitution/constitution.html 2. Base on the information presented above, what do you see as the major differences between Article 2 of the Uniform Commercial Code and UCITA' The overriding philosophy of the UCC is to allow people to make the contracts they want, but to fill in any missing provisions where where the agreements they make are silent. The law also seeks to impose uniformity and streamlining of routine transaction like the processing of checks, notes and other routine commercial paper. The law frequently distinguishes between merchants, who customarily deal in a commodity and are presumed to know well the business they are in, and consumers, who are not. The UCC also seeks to dis courage the use of legal formalities in making business contracts, in order to allow business to move forward without the intervention of lawyers or the preparation elaborate document. ( Cem Kaner), 2001 UCITA will govern all contracts in electronic information. “Information” means data, text, images, sounds, mask works, computer programs, software, databases, or the like, including collections and compilations of them. “All contracts” includes contracts for sales, licensing, service, support, maintenance, documentation,(etc.) of information (such as software). As we’ll see in “Scope”, UCITA also stretches instantly to cover computers bundled with software, computer peripherals, and does or will easily stretch to much other embedded software (and often to products in which the software is embedded). ( Cem Kaner), 2001 The UCC let the merchants do whatever they wanted to do with no real contract with the consumers. I feel that is why some people did not want the change by the UCITA. The UCITA has made it possible to govern all contract and electronic information as well as software sales, licensing, service, support and maintenance. What is the legal distinction between selling a product and licensing it' Selling a product means transferring physical ownership of goods to someone else. Selling can also mean a permanent transfer of intellectual property rights, such as when you sell your rights in a composition to a music company. Licensing means transferring some right, whether the right to use ( such as a lease) or the intellectual property rights ( the right to make copies and distribute, or to put your own brand on something manufactured by someone else and resell it). http://www.lawfreefaq.com Many of the provision in the UCITA were first proposed as a modification to Article 2 of the UCC. The law need to be change or modified because we need a better law for the information transactions. These acts also help to make contract legal by law in the right way for everyone. The old way of life only made it in favor of the merchants those sales the products to consumers. References http://www.lawfreefaq.com Cem Kaner, 2001 U.S. Constitution