Paper Topic:

Commercial Transactions and International Law

Running head : UCITA

Commercial Transactions and International Law

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Abstract

The UCITA has become the most effective step towards better regulation of commercial transactions involving information . The UCITA governs all types of information intangibles , including texts , images , etc . The UCITA reflects the need to address the issues and legal inconsistencies in the area of contemporary technological advancement

Commercial Transactions and International Law

Introduction

At the age of computer technologies , software legislation becomes particularly important . In 1999 , the National Conference of

br Commissioners on Uniform State Laws finally adopted the Uniform Computer Information Transactions Act (UCITA ) to govern trade and contract relations in the area of information technologies

The UCITA has actually become a modernized form of the Article 2 of the Uniform Commercial Code (UCC . However , the UCC was not the first law that provided and guaranteed uniformity of commercial relations in the U .S . The United States Constitution (Article 1 , Section 8 ) has been the first source of uniform commercial norms in the American system of legislation . Clause 1 : the Congress shall have Power to lay and collect Taxes , Duties , Imposts and Excises , to pay the Debts and provide for the common Defence and general Welfare of the United States but all Duties , Imposts and Excises shall be uniform throughout the United States (The United States Constitution , 1731 . Since that time , the U .S . has been modernizing its commercial acts , and has adopted new legislative strategies that would fit to the changing technological demands . Technology and software have created a challenge which has been addressed through the UCC and later , the UCITA

The major difference between the Article 2 of the UCC and the UCITA is in that the latter addresses the legal issues of licensing (not selling information (not goods . The definitions for both licensing ' and information ' are absent in the UCC . The UCC governs the sales and leasing of goods : 'goods ' means all things that are movable at the time of identification [ .] but the term does not include money documents , [ .] general intangibles (The UCC , 2004 . In distinction from the UCC , the UCITA refers to the legal issues of using and licensing information in the variety of its forms , including software The UCITA governs all possible informational intangibles , including data , text , images , sounds , mask works , or computer programs including collections and compilations of them (The UCITA , 1999 . The UCITA exercises a completely new language of computer transactions ' - the language that has been unknown to the general public before

The Article 2-106 (1 ) refers to sale as the passing of title from the seller to the buyer for a price (The UCC , 2004 . Being intangible information required a different definition of sales furthermore , it required considering the applicability of the term sale ' to information . As a result of such thorough reconsideration , the term sale ' in the UCITA was replaced by the term license . License means a contract that authorizes access to , or use , distribution performance , modification , or reproduction...

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