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Commercial Transactions and International Law - Essay Example

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Commercial Transactions and International Law

UCITA applies to computer information and further defines computer information as "information in electronic form that is obtained from or through the use of a computer" (Grier, Keane, & Gilbert, 2001). When both hard goods and computer information is involved in the transaction, the Acts may overlap. According to Grier et al. (21001), "Many commentators suggest that only after years of litigation will we be able to say definitively which law governs which type of transaction".
A license is a permission to use. In the context of computer information, the user is granted permission to use the software or the process of a computer program for a set period of time. They have no ownership of the property and as such they may not be able to review it, divulge it, or modify it. The term of the license is set at a predetermined length of time. If the product is sold, it becomes the property of the purchaser. In most cases, this gives the owner the right to act in several ways that are prohibited by a license. The owner may modify, sell, or discard the product.
The definition of computer information is so vastly different from a "hard good", that it does not fit well into article 2. It required a redefinition and a new set of rules to regulate it. ...Show more

Summary

The first and most significant attempt to promote uniformity in commercial laws within the United States was derived from the "commerce clause" in the US Constitution. Article 1, section 8 of the U.S. Constitution states that the US Congress shall have the power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes".
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Commercial Transactions and International Law essay example
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