Free «Commercial Transaction and International Law» Essay Sample

The uniform computer information transaction act (UCITA) was designed by the national conference of commissioners on the uniform state law to bring clarity in areas such as software licensing, online and database access, and transactions through computers bringing equality and certainty in information technology rules and regulations. The UCC first published in 1952 mainly dealt with personal property that was able to be relocated rather Than fixed goods. Before the UCC and the UCITA the first attempt by the government of the US to promote uniformity in commercial law from state to state was the provision of authority to the congress to not only to regulate business but also to regulate the relationship between parties situated in different states (Gibbons V Ogden., 1984) this law affected all channels of commerce I.e. communication, transport, advertisement, good conduct etc.

The major differences between Article 2 of the Uniform Commercial Code and the UCITA is that the UCC article 2 was drafted to aid in the sale, transportation and the delivery of good not services what are basically characterized by being tangible and could be easily be moved from one location to the other without conflict of interest as disputed in the contract. While the UCITA was designed to aid in the registering of business through licensing, it basically concerned intellectual services to the computers i.e. this services cannot be touched e.g. intellectual property such as communication sites; facebook. It also empowering product owners the capacity to have endless ownership of their intellectual property.

The legal distinction between selling a product and licensing it is that when selling a product one has the all right over the product in question to auction it for a fixed amount through ones preference while in licensing a product there is a law that binds the seller of the product and a person who legally gives terms and conditions of the product to the seller to auction the product, the seller is given a commission for selling the product at a specified amount.

Reasons as to why many of the provision in the UCITA were first proposed as a modification to the Article 2 of the UCC and drafted as a separate and distinct uniform act are that the UCITA may be regarded unconstitutional since it goes against the copyright act of the US constitution by limiting the buying of another person's idea UCITA allowed software vendors to close their software, prohibit public criticism of their products and avoid liability for their software's, i.e. it limits the resell of personal idea also due to the controversy over inequality and insufficient fairness to users of software.


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