1. 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?
In the Constitution Article 1, Section 8 states: "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". And also in Article 1 Section 9 further states: "No Tax or Duty shall be laid on Articles exported from any State." "No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another; nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another". (NARA.com, 2006)
2. Based on the information presented above, what do you see as the major differences between Article 2 of the Uniform Commercial Code and the UCITA?
The UCITA has received a lot more criticism than the articles of the UCC.
There are organizations out there educating people and legislators about possible dangers of UCITA. AFFECT (Americans for Fair Electronic Commerce Transactions) is one of these organizations educating the public. They believe that UCITA is not just dangerous but anti-competitive, anti-business and anti consumer. They teach that UCITA will have a negative impact on the American economy and will hinder the development of future electronic commerce and up-and-coming technologies. (AFFECT.com, 2006)
3. What is the legal distinction between selling a product and licensing it?
The main function for selling a product a seller delivers goods to a buyer with the understanding that the buyer may return the item within a stated period of time. The sale is final if the buyer fails to return the item within the specific time frame. Also acceptance of the sale occurs when...