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Legal and Ethical Environment of Business

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Submitted By dtrobinson
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Legal and Ethical Environment of Business your T name
AMERICAN INTERCONTINENTAL UNIVERSITY

Abstract

How important is it to have freedom to contract and practical commerce and be technologically neutral. Can you create a new computer chip design it , bubble wrap it and ship it for sale and still have ownership of that computer chip? With the Uniform Commercial Code and Uniform computer Information Transaction Act they will shed light of how you are protected by the government. Not just consumers but business are govern a like .
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Before the UCC and the UCITA, the first U.S attempt to promote uniformity in commercial laws from state to state is the commerce clause. The commerce clause of the constitution, provides congress with authority to regulate business in different states. The commerce clause extends to all instrumentalities of interstate commerce as well as to intrastate conduct that has substantial effect on interstate commerce.
The UCITA is intended to facilitate the licensing of computer related intellectual property, with an emphasis on permitting owners of software the ability to maintain control over their intellectual property forever. The UCC is designed to facilitate the sale, shipment and delivery of tangible goods identified in a contract. The biggest difference I see between UCITA and UCC is UCITA gives the software designer control of their property even after sale of their property, where as the UCC is only concern with getting the product to the consumer. After I the consumer buy a computer I wouldn’t want Sony to come to my home and tell me they have to take their property back. Once a consumer buys a product the item is the consumer and the UCC only make sure the contract between the two parties are good.
The legal distinction between selling a product and licensing it is the following. Selling a product is a complete and final transfer from seller to buyer, of all right, title and interest in and to the property identified in a contract. A license is the right to use the property of another under certain agreed upon terms and conditions. The owners of the Chicago Bulls license the naming rights to the stadium in which their team play. United Airlines pay a fee to the Chicago Bulls to name the stadium United Center. Once their contract is over, Chicago Bulls stadium can be name something else or the same depends which company agree to the terms in the contract.
I believe the drafters of the UCITA decided to prose it as a separate and distinct uniform act because it interferes with the UCC by effectively limiting what is known as the first sale doctrine, which permits a purchaser of a copy of someone else work to sale the copy as his own.

References

Chaos versus uniformity: the divergent views of software in the International Community

Trevor Cox

2010 The National Conference of Commissioners on Uniform State Laws

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