Business Law Ip 1

UCC and UCIC 1
          David S Myers
Unit 4 IP
Business 255-100A-2
Professor Bassey
American Intercontinental University Online
Jan 31, 2010

This report will be discussing the UCC and UCITA, and the following 4 questions will be answered.


  1. 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).

Answer: According to the Uniform Computer Information Transaction Act is a proposed law that will govern all contracts for the development, sale, licensing, support and maintenance of computer software and for many other contracts involving information. (guide, 1997-2000) The most significant attempt to promote uniformity in commercial laws from state to state was the “Commerce Clause”, which is found in article 1 section 8 of the U. S. Constitution. The two key factors in section 8 are; “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes” and “To establish a uniform Rule of Naturalization and uniform Laws on the subject of Bankruptcies throughout the United States”.

  2. Based on the information presented above, what do you see as the major differences between Article 2 of the Uniform Commercial Code and UCITA?

Answer: The UCC Article 2 is governs contracts to facilitate the sale, shipment and delivery of tangible goods, i.e., movable personal property in the USA
  3. What is the legal distinction between selling a product and licensing it?
Answer: The UCITA is intended to facilitate the "licensing" of intangible computer-related intellectual property, with an emphasis on permitting owners of software the ability to maintain control over their intellectual property forever. In an ordinary sale, software, despite the presence of a "shrinkwrap" licensing contract, is considered the...