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Uniform Commercial Code 2b The - Research Papers

Uniform Commercial Code 2b The


A new law will probably be introduced into state legislatures which will govern all contracts for the development, sale, licensing, and support of computer software. This law, which has been in development for about ten years, will be an amendment to the Uniform Commercial Code. The amendment is called Article 2B (Law of Licensing) and is loosely based on UCC Article 2 (Law of Sales), which governs sales of goods in all 50 states. A joint committee of the National Conference of Commissioners on Uniform State Laws (NCCUSL) and the American Law Institute is drafting the changes to the UCC.
The UCC was drafted in the 1950’s and currently governs the sales of goods but not products like ...

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services issue. It is intended to make software contract laws more consistent and clear among states. If laws are consistent from state to state it makes it easier for buyers and sellers to understand how to do business with each other. There is a great benefit in creating a uniform system for software products and services, however, this proposal for Article 2B does have major flaws.
Article 2B employs a contracting model that excludes negotiation and that doesn’t reveal terms of the contract to the customer until after the sale is complete. It also adopts a licensing model that says when you buy software, you are really only buying the right to use it. Consumers also have little or no opportunity to read warranties and disclaimers before purchasing the product. The draft of Article 2B eliminates some of the legal protections that software buyers currently take benefit from. For example, it reduces vendor liability for software defects and viruses and allows vendors to ...

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your acceptance of the terms and conditions of the license agreement. Other rules and regulations of installing this software are:
1. The product cannot be rented, loaned or leased.
2. The customer shall not disclose the results of any benchmark test to any third party without Network Associates’ prior written approval.
3. The customer will not publish reviews of the product without prior written consent from Network Associates.

By loading any software, you may be inadvertently entering into a contract. Software publishers claim that these one-sided contracts are legally binding, but American courts disagree. Article 2B says that the publisher doesn’t have to show ...

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PAPER DETAILS
Added: 1/26/2004 07:02:13 PM
Category: Miscellaneous
Type: Premium Paper
Words: 2820
Pages: 11

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