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?
Before UCITA and UCC, the commerce clause was the first and most significant attempt to promote equality in commercial rules from state to state. The commerce clause is contained in article one, section eight, paragraph three of the United States constitution. The clause states that U.S. has power to regulate trade with foreign states, and among numerous states and with Indian tribes. The commerce clause gives the congress the power to control business and any other intercourse undertaken between parties located in different states (Campbell, 2000).
This authority extends to every instrumentalist of interstate business, like highways, telephone and waterways and also to interstate conduct that has a substantial and aggregate impact on interstate business such as housing and employment discrimination.
Based on the information presented above, what do you see as the major differences between Article 2 of the Uniform Commercial Code and UCITA?
According to Litowitz, (2007), the UCC article two is designed to regulate the shipment, delivery and sale of tangible goods. The aim of UCITA is to regulate licensing of subtle computer related goods and emphasizes on permitting software owners the capability to maintain regulation over intellectual property. In usual business, software licensing is regarded as a buyer's property, after transaction has taken place and this implies that the buyer is free to ignore an part of the pact that hinders the buyer from exercising regulation of the software.
W hat is the legal distinction between selling a product and licensing it?
Selling refers to final and complete transfer of the product from the seller to the buyer, of all title, interest and right in and to product identifies in contract. S Licensing refers to the right to use of the product of another person under particular agreed upon conditions and terms (Dratler, 2006).
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?
The UCITA is highly controversial and stands several years of the contract law. The UCITA interferes with the Copyright Act of the United States through efficiently restricting fist sale doctrine which allows a buyer of a copy of creative work of another person, the authority to resell the copy and this is unconstitutional.