United States Government's Promotes Uniformity in Commercial Laws
Before the Uniform Commercial Code (UCC) and the, Uniform Computer Information Transactions Act (UCITA) existence the most important attempts to promote uniformity in commercial laws from one state to another was the commerce clause. This clause can be found in the Constitution of the United Stated from section eight of article one. In this section it states that "regulating commerce among foreign nations, and between states and the Indian Tribes." It also stated "establishing uniform Rule of Naturalization, and uniform Laws pertaining to bankruptcy in the United States" ( Kaner, C., 2000).
The difference between the Uniform Computer Information Transactions Act and the Uniform Commercial Code is that the Uniform Computer Information Transactions Act was intended to be an extension of the Uniform Commercial Code. The UCC Article two focuses mostly on sales and the UCITA is a newer law that controls the contracts connecting computer software and any electronically information. They focus on computer software like different embedded software, such as the fuel injectors in cars (Indiana, 2000). Not only do they focus on computer software, but UCITA sales some printers, computers, and computer peripherals by listing items, and by connectivity as well (Kaner, C., 2000).
Selling products and licensing them are definitely different. When someone sales a physical copy of software to a consumer, they have transferred Intellectual Property Rights to the consumer. The sales of any product involve the complete transfer of ownership rights deemed in the copy to the person who has purchased it from them. The copyright law clearly anticipates the sale of intellectual property products. The sale of the product constrains the copyright holder’s rights in copy. For example, this gives the person who purchased the product the right to lend, rent, and re-sell the... [continues]
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