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The Uniform Computer Information Transactions Act (UCITA) was promulgated to fill a void in existing contract law in the treatment o...
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Introduction II. Post-Sale Disclosure Of Terms III. Mouse Click Consent IV. Preclusion Of Consumer Law Benefits V. U.C.I.T.A.'S Opt-In Will Protect Those In The Manufacturer-Assembler-Vendor Chain VI. Broad Transfer And Acquisition Restrictions VII. Choice Of Law, Choice Of Forum, And Arbitration Provisions VIII. U.C.I.T.A. Weakens Article 2 Standard For Warranty By Demonstration IX. U.C.I.T.A. Does Not Invalidate Public Criticism Restrictions X. Library Restrictions XI. Permits Exclusion Of Incidental And Consequential Damages XII. U.C.I.T.A. Does Not Require Disclosure Of Known Defects XIII. Embedded Software Bombs Are Approved By U.C.I.T.A. XIV. Leading Cases XV. Louisiana's Software License Enforcement Act XVI. The Best Solution: The Bomb Shelter Provision
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I. INTRODUCTION
As a new century dawns, the American economy continues to evolve. Long gone are the days when the United States dominated the world ...
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Beginning in the late 1940s, two of the nation's most prominent legal organizations, the American Law Institute and the National Conference of Commiss...
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Contract Law
Breach of warranty
..., offered to provide Baney with a computerized property-management system capable of servicing a ... here were governed by the Maryland Uniform Computer Information Transactions Act (MUCITA). Se...
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Now that best practices have developed with respect to the leasing of integrated systems of hardware and software and some reported court cases have addressed the issues associated with software leasing, it is an opportune time for the equipment leasing and legal professions to address possible statutory reform. The benefits to equipment lessors would include: 1. establishing a clear right to terminate the software license upon a breach of the lease; 2. clarifying the rights of a lessor with respect to software in the event of a lessee bankruptcy, and in particular clarifying that payments for the use of software sublicensed under a finance lease will be treated in the same manner as rental payments for the use of the leased equipment; and 3. clarifying the definition of "lease" so tha...
... lessors, as there is a gap in the Uniform Commer- cial Code (UCC) when it comes to the finan... largely on the provisions of the Uniform Computer Information Transactions Act (UCITA), which would ...
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... the non-commercial purpose of sharing information and not for the purpose of making a profit for the... set forth in the Virginia version of the Uniform Computer Information Transactions Act, Va. Code s....
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Contracts
Life insurance
... 2, 2007 letter was sent, AMAIA had no information that Dr. Griffith had died. On Sept. 28, 2007, Wil... and National Commerce Act ("E-SIGN"); the Uniform Electronic Transactions Act ("UETA"); and the Unifform Computer Information Transactions Act ("UCITA). UETA has be...
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... with an incredible expansion of the information technology (IT) industry, resulting, in large part... cyberspace references the network of computers that can be accessed over the Internet, and the in...New statutes, such as the Uniform Electronic Transactions Act (UETA), the Uniform Co...
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Intellectual property (IP) law stifles critical research on software security vulnerabilities, placing computer users at risk. Researchers who discover flaws often face IP-based legal threats if they reveal findings to anyone other than the software vendor. This Article argues that the interplay between law and vulnerability data challenges existing scholarship on how intellectual property law should regulate information about improvements on protected works, and suggests weakening, not enhancing, IP protections where infringement is difficult to detect, lucrative, and creates significant negative externalities. It proposes a set of three reforms-"patches," in software terms-to protect security research. Legal reform would create immunity from civil IP liability for researchers who foll...
... information that impede legitimate transactions and push researchers to sell information illicitly... computer information transactions via the Uniform Computer Information Transactions Act (UCITA), for...