Before the UCC and UCITA what was one of the first and major significant of the US government attempt to promote uniformity in commerce.
The primary aim of the interstate commerce Act of 1987 was to regulate the railroad (‘’The interstate commerce Act of 1987’’ 2008) The 1887 Act was launched purposely to prohibit railroads from permeating state boundaries since UCC and UCITA employed different concepts. For instance UCITA is aligned with matters related to computer, something that acquired relevance towards the end of twenty century. Different conditions present at the particular juncture in history have made these laws to emerge. However they have something in common, that they all try to come up with a condition aimed at rendering the uniformity required in commercial law between different states.
Major difference between the two articles of the uniform commercial code and UCITA.
Primary difference e between UCITA and article 2 with reference to the information given by a student is that UCITA is more into uniform language involving contract between different states. It is meant to create a situation in which one can involve himself or herself into contractual agreement, state law notwithstanding.
Though their exist similarities between the two documents in respect to the selling of the goods, there is yet a difference between the two documents. Basing my arguments on (Ring (2002) ‘’UCITA for the 1st time established warranties of fitness and merchantability that are implied as well as for information and integration content for computer information. ’’UCITA tackles issues pertaining intellectual property which absolutely goes beyond UCC scope.
Legal distinction between selling a product and licensing it.
According to Wasco 2003’Licensing is the process or legal act of buying o selling property rights with the aim of producing commodities using specific copyrighted properties. Merchandising on the other hand may refer to the mechanical act of selling or making a product based on copyrighted products ‘pg(162). Therefore licensing a product is legal activity since one has an idea in mind and thus obtaining a license giving the inventor the legal right to produce and sell the licensed commodities. Selling is thought of as exchange of money for tangible products while licensing is equated to the legal right as per the idea.
Why I think drafters decided to propose it.
Certainly UCC and UCITA share common ground in reference to ideology. Ring (2001) comments ‘like the uniform commercial code (UCC), enacted in all estates, the principal theme of UCITA is that innovation and competition is best fostered in free market, where the parties may choose the technology and business model that best suits their transaction. ‘Though both acts have the same idea, the reason why UCITA is still needed is for the principle of intellectual properties that have not been dealt with specifically in UCC.
Times and periods have directly changed and as UCC is still fit in many issues, computer matters warrant language that is more specific and has different protections. Presently, law addresses maters of tangible products while UCITA addresses intangible aspects that are computer software aligned. Ring (2009).
The internet and personnel computer have come up with many issues for the society like sharing of formation that includes licensed and copyrighted information.
References:
Bork, T. (2008) Boundaries of the commerce clause.
Gonzales V. (2008). Straight law.
Ring, (2003). American constitutional law.
Leuchtenburg, E.(1996). The supreme court reborn. Oxford University.
Lawrence, H. (1998) Tribe, American constitutional law.
