uniform computer information transaction act

UCC and the UCITA UCC and the UCITA

Before the UCC and the UCITA , commerce clause was one of the first , and most significant , of the U .S . governments attempts to promote uniformity in commercial laws from state to state which is found in article 1 section 8 of the U .S Constitution It provides Congress with authority to regulate not only business , but any "intercourse " conducted between parties situated in different States (Gibbons v . Ogden ,1824

The major factor that differentiates between the Uniform Commercial Code and UCITA is that

, the UCC Article 2 facilitates the sale , shipment and delivery of tangible goods . Whereas , the UCITA ' is intended to facilitate the "licensing " of intangible computer-related intellectual property , with an emphasis on permitting owners of software with the ability to maintain control over their own intellectual property forever (http /www .justanswer .com , 2009 . UCITA adopts contract rules that validate "shrinkwrap " or "clickwrap " terms . It broadly legitimizes mass-market end-user license agreements (EULAs , which producers employ as a means to try to limit customers ' rights to transfer and use digital products and services agreements ( Jean Braucher ,2001

A sale is a complete and final transfer , of all rights , title and interest and property identified in the contract , from a seller to a buyer as per the dictionary meanings present at a dozen places (http /www .justanswer .com , 2009 . Whereas , a license is the right to use the property of another under certain agreed upon conditions it is a legal agreement which permits...