Essay on "Regulating Commerce"
Essay 2 pages (545 words) Sources: 3
[EXCERPT] . . . .
In a great number of jurisdictions, the legislatures have refused to enact the UCITA.The distinction between selling and licensing is essentially focused on the ownership of the product. When a product is sold the purchaser is granted ownership and is free to use and dispose of the product in whatever fashion he or she feels is appropriate. In a licensing situation, however, the ownership of the product is retained by the vendor and the purchaser is afforded the right to use the product but in a limited fashion. The product owner retains the right of ultimate control subject to the licensing conditions granted to the licensee.
The drafting of the UCITA was originally intended to serve as an amendment to article 2 of the Uniform Commercial Code (UCC). Joining in the draftsmanship of the UCITA were the two organizations sharing responsibility over the management of the UCC, the American Law Institute (ALI) and the National Conference of Commissioners on Uniform State Laws (NCCUSL). Disputes related to the UCITA being imbalanced and unfair to software users eventually arose between the two organizations. Ultimately the ALI withdrew its support for the provisions of the UCITA. Without the ALI's support the enactment of the UCITA as an amendment to the UCC became impossible and the NCCUSL went forward with the approval of the UCITA as a standalone document.
Although the UCITA eventually received the approval of the NCCUSL committee, individual state approval has been slow in coming. Organizations such as the American Bar Association have openly opposed its approval. Patrick Thibodeau, (2003), ABA refuses to endorse UCITA, Retrieved November 27, 2010…<
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Quoted Instructions for "Regulating Commerce" Assignment:
Write a 1–2 page paper answering the following questions:
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? (Hint: think of commerce and Constitution.) Based on the information presented above, what do you see as the major differences between Article 2 of the Uniform Commercial Code and UCITA? What is the legal distinction between selling a product and licensing it? 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?
How to Reference "Regulating Commerce" Essay in a Bibliography
“Regulating Commerce.” A1-TermPaper.com, 2010, https://www.a1-termpaper.com/topics/essay/regulating-commerce-states-one/6395160. Accessed 1 Jul 2024.
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