UCITA


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UCITA

(Uniform Computer Information Transactions Act) A controversial law that deals with software contracts and licensing drafted by the National Conference of Commissioners on Uniform State Laws (NCCUSL). UCITA is designed to favor the software publishers, because it enforces the license agreements and assumptions created by their attorneys. For example, the notion that software is licensed rather than purchased is a major tenet upheld in UCITA. Among other things, it enables the publisher to remotely shut down the customer's application without a court order, to prohibit a customer from transferring ownership of the software to another party and to stipulate under what jurisdiction legal disputes will be resolved.

Article 2B
Initially drafted as Article 2B, an amendment to the Uniform Commercial Code (UCC), the NCCUSL turned it into a non-UCC recommendation and adopted it as a proposed uniform act in 1999. UCITA passed quickly in Maryland and Virginia in 2000 and remains the law in those states. But opposition organized just as rapidly, and bowing to intense consumer and industry pressure by August of 2003, the NCCUSL withdrew its campaign for legislative passage in the remaining 48 states. Despite this lack of official sponsor support, many vendors and buyers of software still believe that a uniform licensing law is needed. Stay tuned!
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Other commentators claim that, although preemption under the Supremacy Clause is vital and may have an important effect since UCITA will make shrink-wrap contracts more common, it is not sufficient to resolve the entire issue.
UCITA applies to "computer information transactions" and provides a variety of "default" or gap-filler rules that apply where disputes arise and an agreement is silent on an issue or where the issue cannot be resolved by trade usage, course of performance, or dealing.
Both UETA and UCITA indicate that the act may be attributed to the individual in almost any manner.
The UCITA legislation purports to apply to "computer information transactions" as defined in Section 102, including commercial agreements to create, modify, transfer or distribute: computer software, multimedia interactive products, computer data and databases, the internet and online information.
Virginia and Maryland have already passed UCITA, and many other states will do so by the end of 2001.
Despite the fact that a large majority of NCCUSL members voted to approve the UCITA, the Act is not without critics.
UCITA was originally drafted as part of the Uniform Commercial Code (UCC).
The Uniform Computer Information Transactions Act (UCITA) would serve as the roadmap for e-commerce by seeking to clarify the law that applies to digital information products and software.
"I think it's fair enough," he says cheerfully, "we certainly badmouth Microsoft products once in a while." As for the Uniform Computer Information Transactions Act (UCITA), a uniform state law that will give unprecedented power to commercial software licensors like Microsoft, "I don't see it ever being enacted," Torvalds confesses, "it reads like a fairly desperate plea for help." Under Torvald's light touch, help is on the way, for Microsoft's customers if not for the company itself.
Captured by Ucita Indians, Ortiz regained his freedom with the help of the chief's daughter Ulele.