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Jane T (LLC)
Jane T (LLC), Attorney
Category: Business Law
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Experience:  Worked in corporation's law department; business formations, formalities, and other business matters
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Before the UCC and the UCITA, what was one of the first, and

Resolved Question:

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?
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?
Submitted: 4 years ago.
Category: Business Law
Expert:  Jane T (LLC) replied 4 years ago.

Hi,

 

Are you looking for just the facts on this so you can then build your own work around it?

 

 

Customer: replied 4 years ago.
Yes, and thanks for the help.
Expert:  Jane T (LLC) replied 4 years ago.

Hi JACUSTOMER-of3xniwf:

 

Here is the information:

 

Before UCC/UCITA federal attempt at uniformity:

 

- Commerce Clause of Constitution gives federal govt. full control over "interstate commerce" (commerce between the states)

- Interstate Commerce Act of 1887 created Interstate Commerce Commission to regulate interstate commerce

 

Differences Art.2 vs. UCITA:

- Art. involves sales of tangible goods but UCITA involves sale of computer goods (software, databases, code, etc.) which may or may not be tangible.

- UCITA warranties give consumers fewer rights to return products than Art.2 does

 

Sale vs lic.:

- a sale gives a buyer all rights of ownership and removes all control over the item or product from the seller. A buyer has the right to use the product in any way, the right to sell the product to others and the right to control how others can use the product, no limits.

- a license provides a buyer only limited rights and the seller of a license retains all rights and can tell the buyer what he can and cannot do with the licensed product or item

 

Why separate act:

- Art.2 deals with tangible goods but UCITA does not only involve tangible goods

- Different legal rights involved in each sale/purchase

- Different warranty rights and protections

- these make it too difficult to keep these together

 

Please remember to accept your answer so I can be paid for my work. Thank you and please let me know if you have any questions.

 



Edited by Jane T (LLC) on 9/17/2010 at 9:09 PM EST
Jane T (LLC), Attorney
Category: Business Law
Satisfied Customers: 8435
Experience: Worked in corporation's law department; business formations, formalities, and other business matters
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