Ucita

One of the most significant attempts to promote uniformity in commercial laws from state to state to state was the commerce clause which is found in article 1 section 8 of the United States Constitution. Part A states: “To regulate commerce with foreign nations, and among the several states and with the Indian Tribes.” Part B says: “To establish a uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies through out the US.”

The major difference is on of focus. UCITA was intended to be an extension of UCC. Whereas UCC Article 2 is focused on sales in general, the focus of UCITA is specifically on computer software. (Indiana, 2000) It also extends to the sales of computers and computer peripherals. It also may extend to many types of embedded software, such as the fuel injectors in cars. This bill has been call controversial by many software users. Many argue that UCC was sufficient as it already covers copyrights and patents sufficiently, and that UCITA is promoted by the publishers of software to avoid legal sanctions for poor quality products. The usual purpose of Codes is that of clarity. The argument of UCITA is that it does the exact opposite. The judge can now use either codes which is more confusing and perhaps dangerous for the consumer, not knowing what to expect or what their rights are.

Selling a product or a sale that takes place without conditions and with title simply passing to the buyer upon payment of the price. (Answers, 2006) Licensing an intellectual property has conditions. Intellectual license provides the licensee rights to use the licensed matter in the manner described in the license in exchange for payment. The license may include patents, copyrights, trade secrets or trademarks. The art of licensing intellectual property is distinct from the sales of traditional goods or services, requiring a unique set of legal and business approaches for the success of the licensor. Copy right and patent licenses are sometimes described as public goods because they can be sold numerous times