buy essay on The UCC and UCITA, and e-commerce

It goes without saying that the UCC and UCITA are very significant step for further development of e-commerce and actual regulation. It is very significant question as the development of the IT market is widely spread and needs appropriate regulation. The legislation regulating commerce in the US dates back to the 19th century, when the United States government provided the first act dealing with this aspect and named “The Commerce Clause” of the United Sates Constitution. This Act gave the Congress certain authorities dealing with regulation business and also other intercourse performed between the parties, which are located in different States for example. These authorities also covers all so called “instrumentalities” of the commerce between the states such as radio, telephone waterways, highways. It goes without saying that the act was aimed on regulation other significant questions dealing with intrastate conduct. Among them we could mention house discrimination, all the employment questions and agriculture. So we see that the first attempts in regulation the commerce were taken quite a long time ago. Since then it was developing and it is not surprising that in the present day we have a number of different legislative acts that assist in regulation commerce.
The second question dealing with the same subject is identifying the difference between UCC and UCITA. It is essential that they have a lot of in common regulating certain specific area hence there are significant differences that should be noted from the first sight. The UCC Article Two is facilitating the tangible goods. It deals with their sales, shipment and delivery. It means that this act is dealing with personal property which is specified within the contract and could be shipped to any country of the world or not
On the other side is UCITA which is dealing directly with “licensing” of particular intellectual property, which is computer-related. There we should mention that intellectual property is referred to as intangible. The core idea of this UCITA emphasized on software owner permit the ability of controlling their intellectual property. Dealing with intellectual property means that even being sold (in ordinary understanding) software is related as the buyer’s property, despite the contract affirming licensing. The fact is that the buyer is actually free to ignore certain information preventing from so called “exercising control over the software” and the right to resale is among them too.
Dealing with the question of selling and licensing we should observe the principle difference between these two meanings: “Selling is first and foremost a transaction between the seller and the prospective buyer or buyers” (Ward, 2010). It goes without saying that we speak about final and complete transaction and the certain property (either intellectual or physical) moves from one owner to another. When we speak about licensing the situation is pretty different. Licensing is “the granting of permission to use intellectual property rights, such as trademarks, patents, or technology, under defined conditions” (InvestWords.com, 2010). The contract usually regulates the usage of license and certainly has certain time limitation. So we see the core difference between these two meanings and it goes without saying that they are principally different as the one gives certain product is temporary usage and other supposed full control over the property.
Speaking about close correlation between the UCC and UCITA it will be essential to note that UCITA is very contradictory. It is a well known fact that UCITA contradicts to the United States Copyright Act, providing effective limitation of the “First Sale Doctrine”. The “First Sale Doctrine” deals with permission of the purchaser to resell the copied work of the other. Some investigators of this act consider this contradiction of the UCITA to be unconstitutional.
Personally I consider that the most influential and successful attempted within the commercial legislation dealing with state to state question is without any doubts section known as the “Commerce Clause”. It could be found within the United States Constitution: article 1 section 8: To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes” (Cornell University Law School, 2010) and “To establish a uniform Rule of Naturalization and uniform Laws on the subject of Bankruptcies throughout the United States” (Cornell University Law School, 2010).
Dealing with such a difficult question as development of legislation I would like to make a stress on the fact that the new legislative acts will appear very soon as we live in time of total computerization, where intellectual property sometimes valued more than physical. It goes without saying that contradictions within the legislation create additional problems, which are to be solved immediately. Understanding the fact, it is essential that the states try to provide appropriate and contemporary legislation. Hence it often happens that it contradicts to the previous acts and even constitution.