Ucc vs. Ucita Essay
American InterContinental University
BUSN150 Assignment 4
UCC v. UCITA
* 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.)
The "Commerce Clause" of the U.S. Constitution was one of the first acts of U.S. government in regulating commerce. It supplies Congress with the sanction to regulate not only business, but any interaction conducted between organizations situated in different States (Gibbons v. Ogden (1824)). This authority encompasses all areas of interstate commerce (radio, telephone, waterways, highways). This also incorporates intrastate …show more content…
When you license a product, you are giving permission to a purchaser to use your product, without actually selling the product to them. An example of this is when you lease a vehicle. Generally, vehicle leases are a contract to use the vehicle for a year, making monthly payments, for which you will return the vehicle when the lease is up. Generally, software products are licensed. You are giving permission to patrons to use the software product, but are not actually selling the entire product outright.
When you sell a product, you sell the product and the rights to the product. Selling a product, as in a retail sale, transfers full rights of use to the consumer for whatever purpose it was intended for. Examples of this are normal, everyday household items, such as food products and clothing. * 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?
The UCITA is tremendously debatable. It impedes with the U.S. Copyright Act by essentially restraining what is branded as the "First Sale Doctrine," which authorizes a procurer of a duplicate of the innovative handiwork of another, the privilege to resell