What is UCITA? UCITA or the Uniform Computer Information Transactions Act is a proposed law to create a uniform set of rules governing software sales and computer techonology transactions. In the same sense the Uniform Commercial Code brings uniformity to the sale of goods between sellers and buyers, UCITA attempts to clarify rules regarding: How Would UCITA Affect Online Users? Even though UCITA was created to standardize laws regarding computer information, it has largely been criticized as limiting consumer¿s rights, and being too friendly to software developers. Because UCITA would make it illegal to resell used software, it would limit the transferability of software licenses between users. Plus, legalizing shrink wrap and click wrap licenses can unfairly limit consumer use and the manufacturer's warranties. What is the Current Status of UCITA? Currently, UCITA has only been passed in 2 states (Maryland and Virginia) but vendors can choose those states as the governing law in a software contract, even if the vendor and user are located in different states. Also, because there is no current uniform law, courts can also sort out licensing issues by using UCITA as a guideline. Should I Contact a Lawyer if I Have an Issue that Can Fall Under UCITA? The internet allows users to make global transactions which widen the scope of laws that could apply to your rights as a consumer. Contacting a lawyer is a wise choice when dealing with a software licensing issue that can possibly fall into several jurisdictions. |
