Article Abstract:
The express warranty provisions of Article 2B of the UCC governing licenses should be changed to reflect the need for freedom of information and the unique character of information transactions. Article 2B creates the term Published Information Content to distinguish information published for access by a general audience from that tailored for a special relationship. The continuous performance and 1st Amendment aspects of information transactions make them unamenable to traditional express warranty principles.
User Contributions:
Comment about this article or add new information about this topic:
Article Abstract:
Article 2B of the UCC governing licenses and focusing on information transactions will provide the uniformity needed in the treatment of software licensing transactions. Prior reliance on Article 2 governing the sale of goods resulted in inconsistent court treatment largely due to the poor fit of the predominant feature test which was often applied. Article 2B provides law and remedies specially tailored to the intangible qualities of software which should result in less litigation and fewer transaction costs.
User Contributions:
Comment about this article or add new information about this topic:
Article Abstract:
Those participating in the growing sector of information commerce have a uniform framework within which to operate with the publication of Article 2B of the UCC governing licenses. Article 2B departs from other UCC provisions guiding goods transactions by necessity due to the fundamentally different character of information transactions. It retains the stability and respect for relations structured by the contracting parties.
User Contributions:
Comment about this article or add new information about this topic: