Ucita

The UCTIA, or the Uniform Computer Information Transaction Act, is a proposed state contract law that was developed to govern transactions in computer information products (UCITA Online). It was primarily drafted with the intent to create a clear and uniform set of rules to regulate such product areas as computer software, software licensing, online databases and online software access contracts or e-books, and other transactions in computer information. It took five-year period from 1996 to 1999 for the National Conference of Commissioners on Uniform State Laws (NCCUSL) to draft the law and present it to the public hearings and to state legislatures for enactment. The role of NCCUSL in drafting and recommending model laws to promote uniformity in state law lies in the determining the areas of the law that would benefit from uniformity. The basis for drafting UCITA was a call from the American Law Institute for fundamental revisions in the Article 2B of Uniform Commercial Code (UCC) in respect to significant controversy over imbalance and lack of fairness to software users and treatment of customer rights (UCITA Online). Although the original intent was to amend the most well-known uniform law, the NCCUSL renamed the UCC2B amendment to UCITA and allowed it to proceed as a stand-alone act. The UCITA enactment found strong support from software vendors and interested parties that included Software Information Industry Association, Computer Software Industry Association, Silicon Valley Software Industry Coalition, and Business Software Alliance consisting of 14 members, among which Microsoft Corp, Lotus Development Corp, and Adobe Systems Inc. However, the UCITA enactment also found strong opposition from consumer groups and public organizations as well as from Attorneys General of many states. Therefore, the need to review the provisions of the UCITA and arguments in favor of and against the enactment of the new uniformity law arises as the revision might shade the...