Contracts: UCITA

Uniform Computer Information Transactions Act

August 1999, the National Conference of Commissioners on Uniform State Laws (NCCUSL) approved a draft model code designed to make shrink wrap and click wrap licenses enforceable. UCITA has been proposed for adoption in a variety of state legislatures. However, as of October 2003 only Virginia and Maryland had adopted UCITA. Furthermore, at least one federal court has rejected the idea behind UCITA that a software transaction is a license of intellectual property rather than a sale of goods. See Softman Products Co., LLC v. Adobe Sys., Inc., 171 F. Supp. 2d 1075 (C.D. Cal. 2001).

In February 2003, NCCUSL withdrew UCITA from debate before the American Bar Association’s governing body, and in August 2003, decided to stop pushing the legislation in the states.

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Chapter 6 - Electronic Contracts
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