초록 열기/닫기 버튼
The Uniform Computer Information Transactions Act (UCITA) represents the first comprehensive uniform computer information licensing law. A license under UCITA is not fundamentally rooted in intellectual property law such as patent or copyright law. A license under UCITA is simply a commercial contract, dependent wholly on the parties' ability to enter into a normal, commercial contract, just as a contract of sale or lease is simply and wholly a commercial contract.Like the law of sales and leases, in general, the right to contract is constrained by principles of unconscionability, good faith and fair dealing, UCITA has an additional restraint, an express power for a court to deny enforcement of a provision in a licensing contract that violates fundamental public policy. This public policy defense is unique in UCITA.Why is there a need for licensing contracts, rather than sale contracts for Computer information is peculiarly vulnerable to dissipation of its value by copying. The genius of computers is their ability to retain and copy information. Copies of information look just like their originals. In fact, everything is a copy. There are no true originals. Copies can be duplicated in
키워드열기/닫기 버튼
UCITA, Computer Information Transaction,Access Contract, INCOTERMS
