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Lost Sales: Competitive Effects

Lost Sales: Competitive Effects

  • Enforces hidden terms (no competition on these terms). This was a key issue in UCITA’s development.

    • UCITA was UCC Article 2B, co-authored with American Law Institute.
    • ALI demanded “fundamental revision” of 2B, especially in treatment of hidden terms. Example: Make publishers who sell products on the net provide a link to their license terms, so customer see them before she pays for the product.
    • Drafting Committee refused ALI’s demand, ALI withdrew support and 2B stopped being a proposed UCC amendment. NCCUSL went forward with 2B under the new name, UCITA.

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