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And Not Just For Software

And Not Just For Software

  • Article 2 (UCC Law of Sales) is under revision (needs updating after 50 years).

  • Several non-software manufacturers want the new rights that software publishers get under UCITA. (They’d like to do post-sale contracting too. Compulsory private arbitration, choice of law and forum, easy warranty disclaimer and liability limitation—none of these is special to software.)

  • New Article 2 (rejected these additions) was approved by ALI after about 12 years of work, but was dumped by NCCUSL leadership in a way that resulted in immediate resignation of the two lead authors. If UCITA passes in the states, the new Article 2 drafting committee will probably give us something closer to UCITA.

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