- 21/02/2013
- Posted by: essay
- Category: Free essays
In goes without saying that business law is one of the most significant questions in the present day world. The United States of America started dealing with the commercial legislation yet in the 19th century and keeps on providing new contemporary legislation that could help to regulate the contradictory questions within the contemporary business. The first piece of legislation connected with commercial activity is “The Commerce Clause” within the U.S.A. Constitution. This particular piece of legislation provided legal powers of the United States Congress within the business regulation, being closely connected with the means of communications and such question as employment. Business regulation is probably one of the most significant and contradictory questions and need thorough attention of the specialists who deal with it. The Business Law is one of the most significant and the same time contradictory question as many laws confront with each other and sometimes with the Constitution of the United States. Sometimes the development of contemporary legislation needs certain changes and the previous one does not refer to the necessary question. The UCC and UCITA are among such laws.
Speaking about contemporary legislative acts there should be mention two of them UCC (Uniform Commercial Code) and UCITA (Uniform Computer Information Transactions Act). Both of them have significant differences. The UCC is directly referring to tangible properties (their possible selling, shipping delivering and other questions). The principle difference of the UCITA lies in the fact that it is dealing with intellectual property and licensing. It means that this Act is closely connected with the temporal permission for using intellectual property. The time and the terms of this permission could be regulated by the contract hence in some cases the legislation is unable to control illegal spread of unlicensed production.
It will be essential to identify the difference between the selling and licensing as it is very significant for the legal regulation of the question. When we speak about selling we connect it with conveyance of certain property from one owner to another. It means that the next owner could do anything with this property as well as reselling it as he is the new owner. When we speak about licensing we observe pretty different situation, where the owner of intellectual property provides permission for temporal usage of this property. The license is usually limited by the time and has another limitations dealing with reselling for example. Licensing does not suppose full control over the product.
Contemporary lawyers understand the necessity of the UCITA as it helps to regulate a number of questions within the increasingly growing computer world and cyber space. But the same time they mention that the UCITA is one of the most complicated Acts within the contemporary legislation as it confronts to the other legal issues. The good example will be confronting of the UCITA to the Copyright Act of the United Sates. It assists certain limitation of the “First Sale Doctrine”, which connects with reselling the copies. In the present day America there are a number of people that consider this limitation to be unconstitutional. It would be very hard to define whether it is right or not, but I think that further development of the US legislation would help to provide appropriate decision even for such contradictory questions.
References:
1. American Law Institute (2010). UCC 2009 Edition 2009-2010. Official Text with Comments
2. Americans for Fair Electronic Commerce Transactions (2010). UCITA Related Legislation. Retrieved March 6, 2010 from Americans for Fair Electronic Commerce Transactions official web site.
3. Esposito S. (2005). Uniform Computer Information Transactions Act (UCITA). The University of Arizona
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